Apter Fredericks Limited: Website terms and conditions of supply of goods.
1. INFORMATION ABOUT US
1.1 We operate the website www.www.theapters.com. We are Apter Fredericks Limited, a company registered in England and Wales under company number 513581 and with our registered office at 265 Fulham Road, London SW3 6HY. Our main trading address is 265 Fulham Road, London SW3 6HY. Our VAT number is 178618563.
2. CONTACTING US IF YOU ARE A CONSUMER:
2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact us by telephone on + 44 (0)20 7352 2188. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by email at firstname.lastname@example.org or by telephone on +44 (0)20 7352 2188.
2.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
3. CONTACTING US IF YOU ARE A BUSINESS:
3.1 You may contact us by email at email@example.com or by telephone on + 44 (0)20 7352 2188. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.
4. OUR PRODUCTS
4.1 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. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on our site.
5. USE OF OUR SITE
5.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
6. HOW WE USE YOUR PERSONAL INFORMATION
7. IF YOU ARE A CONSUMER
7.1 You may only purchase Products from our site if you are at least 18 years old.
8. IF YOU ARE A BUSINESS
8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
8.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to this subject matter.
8.3 You acknowledge that entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
8.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
9.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
9.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 9.3.
9.3 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
9.4 If we are unable to supply you with a Product we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount charged as soon as possible.
10. OUR RIGHT TO VARY THESE TERMS
10.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
10.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
10.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
11. YOUR CONSUMER RIGHT OF RETURN AND REFUND
11.1 If you are a consumer, 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 11.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or 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 is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you received the Product. To cancel a Contract, you need to follow the steps listed in clause 2.
11.3 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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;
(b) refund any delivery costs you have paid, 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);
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
11.4 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.5 We will refund you on the credit card or debit card used by you to pay.
11.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(b) unless the Product is faulty or not as described (in this case, see clause 11.4), you will be responsible for the cost of returning the Products to us. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
11.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation. Any dates quoted for delivery are approximate only and we shall not be liable for any delay in the delivery of the Product howsoever caused.
12.2 Delivery shall be made by us to you at the address for delivery confirmed in your Dispatch Confirmation.
12.3 Delivery within the United Kingdom is free of charge.
12.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us and the Products will be your responsibility from that time.
12.5 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
12.6 If we fail to deliver the Products for any reason other than any cause beyond our reasonable control or a reason that is your fault and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Products.
12.7 If you fail to take delivery of the Products or fail to give to us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to you, we may:¬
(a) store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) 27 days after the expiry of the period in which you were to take delivery of the Products, sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
13. INTERNATIONAL DELIVERY AND EXPORT TERMS
13.1 We deliver to all countries worldwide and the cost of shipping is free.
13.2 Where the Products are to be exported from the United Kingdom, the provisions of this paragraph 13 shall (subject to any special terms agreed in Writing between you and us) apply notwithstanding any other provision of these Terms.
13.3 We will contact you with an estimated delivery date which we will aim to be within 30 days of the date of the Dispatch Confirmation.
13.4 You shall be responsible for complying with any legislation or regulations governing the export from the United Kingdom or the importation into the country of destination of the Products and for the payment of any duties thereon.
13.5 If because of the intention to export the Products the supply of the Products is zero rated or not subject to value added tax you shall take all necessary steps to export the Products within the time limits and in accordance with the requirements of HM Customs and Excise and shall notify HM Customs and Excise of the export. You shall indemnify us against any claims made against us for value added tax or other expenses or penalties charged by HM Customs and Excise because of our failure to observe the said requirements.
14. PRICE OF PRODUCTS
14.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
14.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15. HOW TO PAY
15.1 You can only pay for Products using a debit card or credit card. We accept all major UK credit and debit cards.
15.2 Payment for the Products is in advance. We will charge your card when the order is placed.
16.1 We are happy to refund your purchase within 14 days of delivery. Unwanted Products must be returned in a fully resalable condition and any tags must be intact. We reserve the right to refuse a refund if the Products are not returned in a saleable condition or are damaged.
16.2 Refunds will be credited to the original payment card. We aim to process your return and refund you within 14 days from the date that we received your returned Products.
16.3 To return Products you can either return them in person to our shop at 265-267 Fulham Road, London SW3 6HY or you can return by courier or a mutually agreed carrier to the same address. You must repackage the Products using the original packaging and complete the returns form provided in your parcel. The returns form must be returned with the Products.
17. WARRANTIES AND LIABILITIES
17.1 Subject as expressly provided in these Terms and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
17.2 Where the Products are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these Terms.
17.3 Any representation or statement made by us (or our employees or agents) whether orally, in writing or on our website as to the authorship, origin, date, age, medium, attribution, genuiness, provenance or condition is a statement of opinion only based on the generally accepted views of scholars and experts current at or about the time of sale.
17.4 As the Products are antiques, they are sold with faults and imperfections and you should satisfy yourself prior to purchase as to their condition and otherwise and rely on your own judgement.
17.5 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence or the negligence of our employees or agents or otherwise) which arise out of or in connection with the supply of the Products or their use or resale by you, except as expressly provided
17.6 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
17.7 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.8 Subject to clause 17.6, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the product.
18. RISK AND PROPERTY
18.1 Risk of damage to or loss of the Products shall pass to you
(a) in the case of Products to be delivered to your premises, at the time of delivery; or
(b) if you wrongly fail to take delivery of the Products, the time when we have tendered the delivery of the Products.
18.2 Notwithstanding delivery and the passing of risk in the Products, or any other provision in these conditions, the property in the Products shall not pass to you until we have received cleared funds payment in full of the price of the Products and all other goods agreed to be sold to you for which payment is then due.
18.3 Until such time as the property in the Products passes to you:
(a) You shall hold the Products as our fiduciary agent and bailee;
(b) We shall be entitled at any time to require you to deliver up the Products to us and, if you fail to do so forthwith, to enter upon any premises of you or any third party where the Products are to repossess the Products;
(c) You shall at all times keep the Products comprehensively insured against normal perils and damage and shall subrogate to us any rights you may have or will have in respect of insurance monies recoverable for the Products; and
(d) You shall not charge by way of security for any indebtedness any of the Products.
18.4 In the event of your insolvency, we shall be entitled (in addition to any lien arising by law) to a general lien on all of the Products belonging to you in our possession whether or not delivery has already taken place (although the Products or some of them may have been paid for) for any money due either in respect of such Products or in respect of any general or particular balance or other money due from you to us, whether under the same or any other order.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer in these Terms to “in writing”, this will include email.
19.2 You may contact us by email at firstname.lastname@example.org or by telephone on +44 (0)20 7352 2188.
19.3 If you are a business, any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing. Any notice or other communication shall be deemed to have been received at 9.00 am on the second business day after posting or if sent by email, the next business day after transmission. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20.1 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
20.2 The Contract and any interest therein is not assignable by you but may be assigned by us to such third party as we may in our discretion see fit.
20.3 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms or the remainder of the provision in question shall not be affected thereby.
20.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.5 A person or entity who is not party to the Contract shall have no rights under these Terms or the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999.
20.6 The Contract shall be governed by the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.