RMS (SCOTLAND) LTD - STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS ONLINE
This website, http://www.rmspos.co.uk (the "Website") is operated by or on behalf of RMS (Scotland) Limited, incorporated in Scotland under the Companies Act (Company Number SC272304) and having its registered office at Unit 6, Ettrick Riverside, Dunsdale Road, Selkirk, Selkirkshire, TD7 5EB ("The Supplier"). Our main trading address is at Unit 6, Ettrick Riverside, Dunsdale Road, Selkirk, Selkirkshire, TD7 5EB. Our VAT number is GB845465894.
These Terms will apply to any contract between the Supplier (us, we, our, etc) and the Customer (you) for the sale of Goods (as hereinafter defined) online. These Terms may be amended from time to time as set out in clause 6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 19/02/2015 when we changed clauses 7.1 to 7.8.
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods (as hereinafter defined) from the Website.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms and any Contract between the Supplier and you are only in the English language.
Consumer Customers should pay particular attention to clause 7 for information on the legal right to cancel under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013.
1.1 Definitions: In these Terms, when the following words with capital letters are used, this is what they will mean:
"Business Day" means a day (other than a Saturday, Sunday or a public holiday) when banks in Scotland are open for business;
"Contract" means the contract for the purchase and sale of the Goods through the Website which is formed in accordance with clause 2 below;
"Customer" means you, the person or firm who purchases online Goods from the Supplier, you may be a consumer or a business;
"Delivery Location" means the delivery address as set out on the online Order form;
"Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war(whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
"Goods" means the products which are made for sale through the Supplier's Website;
"Order" means an order for Goods submitted through the Website using the online ordering system;
"Terms" means these terms and conditions of sale as amended from time to time in accordance with clause 6;
1.2 When we refer to a consumer in these Terms, this means "an individual acting for purposes which are wholly or mainly outside that
individuals trade, business, craft or profession".
1.3 In these Terms, a reference to writing or written includes e-mails.
1.4 Contacting the Supplier if you are a consumer:
1.4.1 To cancel a Contract in accordance with a consumer's legal right to do so as set out in clause 7, if you are a consumer, you just need to let the Supplier know that you have decided to cancel. The easiest way to do this is to contact us on 01750 700 527. If you are a consumer, you can also e-mail the Supplier or contact its Customer Services team by telephone or by post at the contact details in clause 7. For further information on the right to cancel, see clause 7 below.
2. BASIS OF THE CONTRACT
2.1 The Supplier's shopping pages will guide you through the process required to place an Order. The Supplier's order process allows you to check and amend any errors before submitting the Order. You are advised to take time to read and check the Order at each page of the order process. After an Order is placed you are obliged to pay for the Goods ordered.
2.2 After an Order is placed, you will receive an e-mail from the Supplier acknowledging receipt of the Order. However, please note that this does not mean that the Order has been accepted. Acceptance of an Order will take place as described in clause 2.3.
2.3 The Supplier will confirm acceptance to you by sending an e-mail that confirms that the Goods have been (or will be) dispatched (Dispatch Confirmation). The Contract between the Supplier and you will only be formed when the Dispatch Confirmation is sent.
2.4 If the Supplier is unable to supply the Goods, because the Goods are not in stock or no longer available or because it cannot meet the requested delivery date or because of an error in the price on its Website as referred to in clause 10.6, the Supplier will inform you of this by e-mail and will not process the Order. If the Goods have already been paid for, the Supplier will refund you the full amount including any delivery costs charged as soon as possible.
3.1 Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. Although the Supplier has made every effort to display the colours accurately, it cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Goods may vary slightly from those images and you should also note that the images of the Goods on the Website may not be representative of their actual size.
3.2 For the purpose of the Contract, the quantity, quality (where appropriate), description and specification will be set out in the Dispatch Confirmation.
3.3 The packaging of the Goods may vary from that shown on images on the Website.
3.4 The Supplier reserves the right to alter the Goods or any relative specifications (whether such specifications have been submitted in the Order or otherwise) at any time, if are required to do so by law. In such circumstances the Supplier shall notify you as soon as practicable by email and will not process your Order until you have confirmed that you wish the Supplier to proceed.
4. ORDERING ONLINE FOR CONSUMER CUSTOMERS
This clause 4 only applies to consumer customers:
4.1 A consumer must be at least 18 years old to purchase the Goods from the Supplier's Website.
4.2 You should note that by clicking on the button 'Place your order' this will result in an Order being placed and you will be under an obligation to pay for the Goods at the time the Order is placed.
If you are a consumer, please proceed to clause 6.
5. ORDERING ONLINE FOR BUSINESS CUSTOMERS
This clause 5 only applies to business customers.
5.1 If you are not a consumer, you hereby confirm that you have authority to bind any business on whose behalf you use the Website to purchase Goods.
5.2 These Terms, any document expressly referred to in them and the online Order form constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between both parties, whether written or oral, relating to its subject matter.
5.3 If you are not a consumer, you acknowledge that in entering into this Contract that you have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, any document expressly referred to in them or the online Order form.
5.4 Both parties agree that neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. VARIATION OF TERMS
6.1 The Supplier may amend these Terms from time to time. Please look at the introductory paragraphs at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 The Terms in force at the time when an Order is placed will apply to the Contract between both parties.
6.3 The Supplier may revise these Terms as they apply to an Order from time to time to reflect changes in relevant laws and regulatory requirements. If the Supplier has to revise these Terms as they apply to your Order, the Supplier contact will you to give to you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. CONSUMER RIGHT OF CANCELLATION
This clause 7 only applies to consumer customers.
7.1 If you are a consumer, subject to clause 7.2 below, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3 without giving any reason. You may during the relevant period change your mind or decide for any other reason not to receive or keep the Goods, in these circumstances you can notify the Supplier of the decision to cancel the Contract and receive a refund. Advice about the consumer's legal right to cancel the Contract is available from a local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
7.2.1 Software and goods that are supplied to order.
7.3 If you are a consumer, unless clause 7.2 applies, your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which the Supplier e-mails you to confirm acceptance of the Order), which is when the Contract is formed. If you are a consumer, your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a specified period and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive in respect to the specified period.
7.4 To cancel a Contract, if you are a consumer, you must notify the Supplier of the decision to cancel. The easiest way to do this is to complete the cancellation form http://www.rmspos.co.uk/contact-us/ on the Website. A link to the Website cancellation form will be included in the Dispatch Confirmation. If you opt to use this method the Supplier will e-mail you to confirm it has received the cancellation.
You can also contact the Customer Services team by telephone on 01750 700 527 or by post to Unit 6, Ettrick Riverside, Dunsdale Road, Selkirk, Selkirkshire, TD7 5EB. If you are emailing the Supplier it is recommended that the Order reference number is quoted. If a cancellation notice by e-mail or by post, then the cancellation is effective from the date on which the e-mail is sent or the letter is posted to the Supplier. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. In the event of cancellation of a Contract the Supplier will:
7.4.1 refund the price paid for the Goods. However, please note the Supplier is permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by the mishandling of the Goods in a way which would not be permitted in a shop.
7.4.2 refund any delivery costs paid by you, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if the Supplier offers delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then the Supplier will only refund what you would have paid for the cheaper delivery option.
7.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Goods and the Supplier has not offered to collect the Goods from you: 14 days after the day on which the Supplier receives the Goods back or, if earlier, the day on which you provide the Supplier with evidence that you have returned the Goods. For information about how to return Goods, see clause 7.7;
(b) if you have not received the Goods or if you have received them and the Supplier has offered to collect it from you: 14 days after you inform the Supplier of the decision to cancel the Contract.
7.5 If Goods are returned under this clause 7 because they are faulty or mis-described, the Supplier will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs incurred by you when returning the item(s) to the Supplier.
7.6 The Supplier will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.7 Where Goods are delivered to you before cancellation of the Contract:
7.7.1 You must return them to the Supplier without undue delay and in any event not later than 14 days after the day on which you advised the Supplier about cancellation of the Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You may send the Goods back, return it to us in-store or hand it to an authorised carrier. If the Supplier has offered to collect the Goods from then the Supplier will collect the Goods from the address to which they were delivered. The Supplier will contact you to arrange a suitable time for collection;
7.7.2 unless the Goods are faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Goods to the Supplier. If Goods cannot be returned by post, the Supplier will estimate the costs of using a carrier to return the Goods. These costs should not exceed the sums charged for delivery. If the Supplier has offered to collect the Goods, it will charge you the direct cost of the collection.
7.8 If you are a consumer, the Supplier has a legal duty to supply Goods that are in conformity with this Contract. You as a consumer, have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the right of return and refund in this clause 6 or anything else in these Terms. You may seek advice about legal rights available from their local Citizens' Advice Bureau or Trading Standards office.
8.1 Goods are subject to our returns policy which can be found here.
8.2 The Supplier strongly recommends that returns are sent by Royal Mail Special Delivery (or an equivalent "signed for" delivery service) to ensure proof of delivery and insurance for the Goods whilst they are in transit. The Supplier cannot be responsible for any Goods which are damaged or lost in transit.
9. DELIVERY OF GOODS
9.1 The Supplier will provide you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which the Supplier e-mails to confirm acceptance of the Order). Occasionally delivery to you may be affected by an Event Outside Our Control. Please see clause 15 for the Supplier's responsibilities if this happens.
9.2 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location and the Goods will be your responsibility from that time.
9.3 Ownership of the Goods transfers to you once the Supplier has received payment in full, including all applicable delivery charges.
9.4 If no one is available at your address to take delivery, the Supplier will leave you a note that the Products have been returned to our premises, in which case, please contact the Supplier to rearrange delivery.
Clauses 9.5 to 9.7 only apply to consumer Customers.
9.5 If the Supplier misses the 30 day delivery deadline for any Goods then you may cancel the Order straight away if any of the following apply:
9.6 In the event that you do not wish to cancel the Order straight away, or do not have the right to do so under clause 7.5 you can propose a new deadline for delivery, which must be reasonable, and can cancel the Order if the Supplier fails to meet the new deadline.
9.7 If you choose to cancel the Order for late delivery under clause 9.6 or clause 9.7, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to the Supplier or allow the Supplier to collect them, and the Supplier will pay the costs of this. After cancellation of the Order, the Supplier will refund any sums paid to by you for the cancelled Goods and delivery.
10. PRICE AND PAYMENT
10.1 The price of Goods shall be the price as set out on the Website. Prices are inclusive of VAT.
10.2 The Supplier will take reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see clause 10.6 for what happens if an error in the price of Goods ordered is discovered.
10.3 Prices for the Supplier's Goods may change from time to time, but changes will not affect any Order that you have already placed.
10.4 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the Order and the date of delivery, the Supplier will adjust the VAT to be paid by you, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.5 The price of the Goods does not include delivery charges. Delivery charges are as advised during the check-out process, before confirmation of an Order.
10.6 The Website contains a large number of Goods. It is always possible that, despite reasonable efforts some of the Goods on the Website may be incorrectly priced. The Supplier will normally check prices as part of the dispatch procedures so that:
10.6.1 where the Goods' correct price is less than the price stated on the Website, the Supplier will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Supplier does not have to provide the Goods at the incorrect (lower) price; and
10.6.2 if the Goods' correct price is higher than the price stated on the Website, the Supplier will contact you in writing as soon as possible to inform them of this error and will give you the option of continuing to purchase the Goods at the correct price or cancelling the Order. The Supplier will not process the Order until your instructions have been received. If the Supplier is unable to contact you using the contact details provided during the order process, the Supplier treat the Order as cancelled and notify you in writing.
10.7 You can only pay for Goods using a debit card or credit card. The Supplier accepts the following cards: Visa, Visa Debit, MasterCard.
10.8 Payment for the Goods and all applicable delivery charges is in advance. As stated at clause 3.2 above, by placing an Order online you will be under an obligation to pay for the Goods at that time. The Supplier will not charge your debit card or credit card until the Order is dispatched.
11. MANUFACTURER GUARANTEES
11.1 Some of the Goods sold by the Supplier come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
11.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect any legal rights in relation to Goods that are faulty or not as described. Advice about consumer legal rights is available from a local Citizens' Advice Bureau or Trading Standards office.
12. SUPPLIER'S WARRANTY FOR THE GOODS
12.1 For Goods which do not have a manufacturer's guarantee, the Supplier will provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects (except for Cash Drawers). However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Goods arising from:
12.2.1 fair wear and tear;
12.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.2.3 if you fail to operate or use the Goods in accordance with the user instructions;
12.2.4 any alteration or repair by you or by a third party who is not one of the Supplier's authorised repairers; or
12.2.5 any specification provided by you.
12.3 For consumers, this warranty is in addition to, and does not affect a consumer's legal rights in relation to Goods that are faulty or not as described. Advice about consumer legal rights is available from a local Citizens' Advice Bureau or Trading Standards office.
13. LIMITATION OF LIABILITY FOR CONSUMER CUSTOMERS
This clause 13 only applies to consumer Customers.
13.1 If the Supplier fails to comply with these Terms, the Supplier will be responsible for loss or damage suffered by the Supplier that is a foreseeable result of breach of these Terms or its negligence, but the Supplier is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of breach by the Supplier or if it was contemplated by both parties at the time when the contract was entered into
13.2 The Supplier will only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and the Supplier will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 The Supplier does not in any way exclude or limit its liability for:
13.3.1 death or personal injury caused by its negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
14. LIMITATION OF LIABILITY FOR BUSINESS CUSTOMERS
This clause 14 only applies to business Customers.
14.1 The Supplier only supplies the Goods for internal use by the business, and you agree not to use the Goods for any resale purposes.
14.2 Nothing in these Terms shall limit or exclude the Supplier's liability for:
14.3 Subject to clause 14.2, the Supplier shall under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.4 Subject to clause 14.2, the Supplier's total liability in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
14.5 Except as expressly stated in these Terms, the Supplier does not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Supplier will not be responsible for ensuring that the Goods are suitable for purposes.
15. EVENTS OUTSIDE OUR CONTROL
15.1 The Supplier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Our Control.
15.2 If an Event Outside Our Control takes place that affects the performance of the Supplier's obligations under a Contract:
15.2.1 the Supplier as soon as reasonably possible to notify you;
15.2.2 the Supplier's obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of the Goods, the Supplier will arrange a new delivery date with you after the Event Outside Our Control is over.
15.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 28 days. To cancel you should contact the Supplier directly. In the event that you opt to cancel, you will have to return (at the Supplier's cost) any of th Goods already received and the Supplier will refund the price paid by you, including any delivery charges.
16. COMMUNICATIONS BETWEEN YOU AND THE SUPPLIER
16.1 If you are a consumer, you may contact the Supplier by telephone on 01750 700 527 or in writing at Unit 6, Ettrick Riverside, Dunsdale Road, Selkirk, Selkirkshire, TD7 5EB.
16.2 If you are not a consumer, you may contact the Supplier by:
16.2.1 Any notice or other communication given by either party, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Supplier's registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
16.2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. USE OF WEBSITE
Use of the Website is governed by Terms of website use which can be found at http://www.rmspos.co.uk/53/Terms/. It is recommended that you take the time to read these, as they include important terms which apply.
18. PERSONAL INFORMATION
19. OTHER IMPORTANT TERMS
19.1 The Supplier may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or its obligations under these Terms. The Supplier will always notify you in the event of this happening by posting on the Website.
19.2 You may transfer rights or obligations under these Terms to another person if it is agreed by the Supplier in writing.
19.3 Subject to clause 19.2, this Contract is between the Supplier and you. No other person shall have any rights to enforce any of its terms.
19.4 Each clause of these Terms operates separately. If any of these clauses (or any part of any clause) is found by any court or relevant authority to be unlawful or unenforceable, the other clauses (or part of the clause in question) shall not be affected and shall remain in full force and effect. If any clause of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some parts of the clause were deleted, the clause in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
19.5 If the event that the Supplier fails to insist that you perform any of you obligations under these Terms, or if the Supplier does not enforce its rights against you, or it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Supplier does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.
19.6 The Website is intended exclusively for residents of the United Kingdom. We make no representations that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
19.7 Consumer Customers: if you are a consumer, you should note that these Terms are governed by Scottish law. This means a Contract for the purchase of Goods through the Supplier's Website and any dispute or claim arising out of or in connection with it will be governed by Scottish law. Both parties agree that the courts of Scotland will have non-exclusive jurisdiction. However, it is possible for residents of Northern Ireland to bring proceedings in Northern Ireland, and for residents of England and Wales, to bring proceedings in England and Wales.
19.8 For business Customers: if you are not a consumer, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland. If you are not a consumer, you and the Supplier both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).