Terms and conditions of website sale of goods by Simply Argan Limited to consumers
1. The contract between us
1.1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us acceptance will occur only when we dispatch your goods and we will confirm dispatch by sending you an email at the email address you have provided to us. Our acceptance of your order brings into existence a legally binding contract between us. Until acceptance of your order by us we will, at our discretion, have the right to refuse your order. If we refuse your order then we will confirm this by sending you an email at the address you have provided to us and we will refund to you any money you have paid.
2.1. The prices payable for goods that you order are as set out in our website.
2.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 We may imposes a minimum order value from time to time.
2.4 We reserve the right to charge interest at 2% per month on any amounts overdue, with that rate accruing both before and after judgement until the debt is paid in full.
2.5 We reserve the right to charge an administration fee of £25 for any dishonoured payment where we have delivered goods, a debt recovery fee of £50 for sending a letter before action and a fee of £150 should court action be necessary to recover any outstanding debt.
3. Right for you to cancel your contract
3.1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2. To cancel your contract you must notify us in writing.
3.3. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
4.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as is reasonably possible after your order is accepted and taking account of the delivery option you have paid for.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
6.3 If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be, at your option:
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace or repair any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.3.3 above.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 1 Grove Street, Wilmslow Cheshire SK9 1DU and all notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Promotions and competitions
We reserve the right the withdraw offers, promotions and competitions without notice. We reserve the right not to honour any offer, promotion or competition where we suspect unconscionable behaviour or fraud. In relation to competition wins our decision will be final.
12.1 The New Customer Discount Code, which you may obtain by email by signing up to promotions on our website, may be used an unlimited number of times by you in any seven day period, from the date it is received. However, you should not apply for, or use, another new customer discount code after this seven day period and doing so will be in breach of this agreement.
12.2 The maximum number of sample sets you may select is 100. You may select one sample set free of charge plus postage and packaging and thereafter sample sets are charged at £1 each, plus postage and packaging. If you select more than 100 sample sets then you will be deemed to be selecting to receive one sample set free of charge, plus a charge for postage and packaging. Promotional gift vouchers or gift voucher codes are not permitted for the purchase of multiple sets of samples.
12.3 Gift vouchers may be redeemed at any of our UK stores and online at www.simplyargan.co.uk, subject to these terms and conditions. A gift voucher may be exchanged for goods of a higher price of the face value of the gift voucher subject to the payment of the difference. Where a gift voucher is exchanged for goods of a lower price than the face value of the gift voucher then the difference between the face value of the gift voucher and the price of the goods will not be due or payable by Simply Argan Limited (this means no change will be due). Gift vouchers cannot be exchanged for cash. If a gift voucher is redeemed online, then it may only be used against the value of goods and not for the cost of postage and packaging. Simply Argan Limited will not accept liability for lost, damaged, stolen or gift vouchers used without permission and no replacement will be provided in those circumstances. If a gift voucher is obtained as part of a promotion, or for no consideration, then it may not be used in conjunction with other gift vouchers or gift voucher codes and Simply Argan Limited may accept it as payment or part payment for goods at its sole discretion. Simply Argan Limited reserves the right to amend the terms and conditions for gift vouchers at any time and take appropriate action, including cancellation of the gift voucher, at its complete discretion, if it deems such action necessary.
13 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14 Entire agreement