Terms and conditions of use
- "Buyer" means the person and/or organisation who buys or agrees to buy the Goods from the Supplier;
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- "Goods" means the items that the Buyer agrees to purchase from the Supplier;
- "Supplier" means yoomi, trading name of Yoomi Ltd, Unit 1, Avery way Questor Estate, Dartford, Kent DA1 1JZ. Registered in England & Wales Co No: 06915344 VAT Registration Number GB339389357
- "Terms and Conditions" means these terms and conditions (and any revision thereto) but will also include any special terms and conditions agreed in writing by the Supplier;
- "Website" means www.yoomi.com;
- “Working days” means any Monday to Friday from 9am to 5pm excluding all Public and Bank holidays in England and Wales.
- These Terms and Conditions apply to all contracts for the sale of Goods by the Supplier to the Buyer.
- If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any special conditions which apply will be set out in a Schedule to this agreement.
- These Terms and Conditions can only be varied if the Supplier specifically agrees in writing.
- The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).
- Any complaints by the Buyer must be in writing to the Supplier’s address stated in clause 1(5).
- To place an order the Buyer must use the Order process described on the Website.
- All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
- If the Goods are not available from stock then the Supplier will inform the Buyer and enquire whether the buyer wishes to be notified by e-mail when the Goods are next available.
PRICE AND PAYMENT
- The price of the Goods is inclusive of the prevailing rate of VAT and are those displayed on the Website. Prices exclude delivery charges as detailed on the Website. The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed
- Payment of the price plus any applicable VAT and delivery charges must be made in full before any Goods are dispatched.
- Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including the Goods ordered and the price) together with any applicable Consumer cancellation rights.
- The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
- The Supplier reserves the right to refuse any order without liability.
- Unless specifically displayed on the Website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the Buyer places an order
- Where payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.
- Goods supplied will normally be delivered within the following number of working days of acceptance of order:
- to addresses in mainland UK within 3–5 working days
- to addresses in Europe, within 7-10 working days;
- to addresses outside of the UK and Europe within 10-14 working days.
- should the buyer select next day delivery (UK only), the cut off time for ordering is midday.
- The Supplier will use its best endeavours to adhere to any agreed dates for delivery but time shall not be of the essence. However when the Supplier can not adhere to an agreed date the Supplier will notify the Buyer who can either agree a new date or receive a refund. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.
RISK AND RETENTION OF TITLE
- The Supplier will organise delivery of Goods to the Buyer’s address as provided by the Buyer on ordering. The Buyer is responsible for making arrangements to take delivery whenever they are delivered. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.
- The title in Goods will only pass to the Buyer upon cleared full payment of the price
CANCELLATION AND RETURN
- The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
- In addition to any other rights, the Buyer has the right to cancel the contract for Goods by contacting the Supplier in writing within 14 working days following the day the Buyer received the Goods and will receive a refund (subject to 3-5 below).
- Immediately upon receipt the Buyer will inspect the Goods and shall notify the Supplier in writing by email to firstname.lastname@example.org within 14 working days of delivery if the Goods are damaged or do not comply with the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
- Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. If the Goods are defective then the Buyer is entitled to a replacement or a full refund (including delivery costs) plus any return postal charges.
- Where the Buyer changes their mind and Goods are cancelled by the Buyer, they must be returned by the Buyer, within 28 days of cancellation, at the Buyer’s expense, unused and in the original unopened packaging with adequate insurance during the return journey. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer will receive a refund of all monies paid for the unused Goods (excluding delivery charges and return postal charges). However, if the Buyer fails to return the Goods following cancellation, the Supplier is entitled to deduct the cost of recovering the Goods from the Buyer.
- All Goods to be returned must clearly show the order number obtained from the Supplier on the package.
- Where returned Goods are found to be damaged due to the Buyer’s actions or improper use, the Buyer will be notified.
RESPONSIBILITY & USE OF GOODS/PRODUCTS
- The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with the instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied, takes any required precautions and/or tests before use and fully understands what the Goods contain.
- Furthermore the Buyer agrees that they will not misuse any Goods supplied.
- It is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
- The Buyer specifically accepts that the effectiveness of the Goods will be dependent on correct and effective use, storage, inspection and maintenance.
- The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.
- Information you provide to us maybe passed to relevant service providers in order to process your order. Your information will be managed in accordance with the law, including the Data Protection Act 1998.
- Any notice to be given by either party to the other under these Terms and Conditions shall be in writing, addressed to that other party at its’ registered office or principal place of business, or such other address as may at the relevant time have been notified, and may be sent by email, fax, first class recorded mail or by personal service.
- Any such notice shall be deemed to have been received, if delivered personally, at the time of delivery; if by first class recorded post, at the expiration of 2 days after the time of posting to an address in the UK or 5 days for an international address; or if by email or facsimile, at the recorded time of completion of transmission by the sender.
LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents.
- The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
- Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods by any agreed date.
- Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
- The Supplier may transfer, sub-contract or otherwise deal with its rights or obligations under these Terms and Conditions without notifying the Buyer or obtaining the Buyer’s consent.
- The Buyer may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions.
EXCLUSION OF THIRD PARTY RIGHTS
These Terms and Conditions are for the benefit of the Supplier and the Buyer and are not intended to benefit any third party or be enforceable by any third party. The exercise of any rights in relation to these Terms and Conditions is not subject to the consent of any third party.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
The Supplier may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the purchase of any Goods from the date of publication of revised Terms and Conditions on our Website, so please check this page regularly to ensure you are up to date with the current version.
INVALIDITY & SEVERANCE
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unlawful and/or unenforceable it will be severed and will not affect the enforceability or validity of the rest of this agreement.
GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.