Online Terms and Conditions of Sale
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. These terms only apply to consumers. If you use the products for any commercial, business or re-sale purpose then you will not be a consumer and should use our business website at www.meyergroup.co.uk where our “Online Terms and Conditions of Sale” will apply in place of these terms and conditions.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. kitchen.thebodycoach.com is managed by Meyer Group Ltd., a company registered in England and Wales. Our company registration number is 01443669 and our registered office is at Wirral International Business Park, Riverview Road, Bromborough, Wirral, CH62 3RH.
2.2 How to contact us. You can contact us by filling in our contact form.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract and receive a refund for any products you have paid for but not received.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the product.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our “Checkout Summary” page before you place your order on our website.
7.2 When we will provide the products. It is our intention to deliver all products sold on the website within 7 working days, unless we notify you otherwise. Generally orders placed before 12:00pm will be despatched on the same day. Please contact us if you have not received your order within 7 working days of receiving your order confirmation e-mail.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collect it from us.
7.7 When you own goods. You own the product once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1 deal with technical problems or make minor technical changes;
7.9.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.9.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid for but not received.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.1.1 to 8.1.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.1.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
8.1.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.1.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.1.5 you have a legal right to end the contract because of something we have done wrong.
8.2 Exercising your legal right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You will need to tell us that you wish to cancel in the manner described in clause 9.1 or return the Product to us as set out in clause 9.2. Where you exercise your right to cancel, you will be entitled to a refund (less any amount deductible as described in clause 9.2). You will be responsible for the cost of returning the Product to us.
8.3 How long do I have to change my mind? For products bought on kitchen.thebodycoach.com you have 90 days after the day we deliver the product to the address you gave us, or from the time you (or a carrier organised by you) collect it from us, unless your products are split into several deliveries over different days. If your products are split into several deliveries over different days, you have until 90 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.4 Additional Manufacturer Guarantees. In addition to your legal right to change your mind, some of our products come with additional manufacturer guarantees. Your legal rights are not affected in any way by these additional guarantees. Please see section 12 for further information.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract (where you are entitled to do so under clause 8 or otherwise have a legal right to do so). To end the contract with us, please let us know by filling in our contact form.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by contacting our Consumer Care team using our contact form. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the product back from you.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 the credit card details supplied are incorrect or the card is declined for payment;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
10.1.4 you otherwise break the contract.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using our contact form.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. In summary, your rights include but are not limited to the right to receive products which are as described; of satisfactory quality and fit for any particular purpose made known to us. Nothing in these terms will affect your legal rights and or your legal remedies. For detailed information about your legal rights and remedies please contact the Citizens’ Advice Bureau.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or with regards to small domestic appliances we may ask that you dispose of them at a local recycling centre in compliance with the WEEE directive. We will pay the costs of postage. Please contact our Consumer Care team using our contact form for a return label or to arrange collection.
12. ADDITIONAL MANUFACTURER PRODUCT GUARANTEES
12.1 Where to find any additional manufacturer product guarantees. Please see our product guarantee page for information regarding any product guarantee that may be applicable to the Product. Any applicable product guarantee will be set out on the product page before you place your order. Full details will be detailed within the use and care booklet within the packaging of your Product.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment with the credit cards specified on our website. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. This will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.