Consumer Terms and Conditions of Sale
THESE TERMS ONLY APPLY IF YOU ARE A CONSUMER. A CONSUMER MEANS ANY NATURAL PERSON ACTING FOR PURPOSES OUTSIDE HIS TRADE BUSINESS OR PROFESSION. IF YOU ARE ACTING IN THE COURSE OF YOUR TRADE BUSINESS OR PROFESSION PLEASE ASK FOR A COPY OF OUR BUSINESS TO BUSINESS TERMS OF SALE.
These Terms will apply to any contract between us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our Website.
By clicking on the "I Accept" button and placing an order, you have accepted these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 4.6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
1.1.In these Terms:
‘We’, ‘we’, ‘Our’, ‘our’, ‘us’ means Abaris Holdings Limited, a company registered in England and Wales with company number 01167325. Our registered office and main trading address is at Chalfont House, Oxford Road, Denham, UB9 4DX. Our VAT number is 419 0876 36;
‘You’, ‘you’, ‘Your’ and ‘your’ means you the person (being an individual or a body corporate as applicable) seeking to purchase Goods from us;
‘Contract’ means the contract for the supply of Goods incorporating these Terms;
‘Defect’ means non-conformance of the Goods with the Contract;
‘Goods’ means the goods to be supplied by us via our Website;
‘Quotation’ means a written indication of likely cost and specification of the Goods if you were to place an order with us;
‘Terms’ means these terms and any special terms agreed in writing between you and us; and
‘Website’ means stylelibrary.com
ELIGIBILITY TO PURCHASE GOODS
2.1 You do not have to register to explore or purchase Goods from this website, but registering and creating an account with us will allow you to fully enjoy the Website. Not only will shopping be easier, but your entire experience will become customised over time.
2.2 When you register to make purchases through the Website, you will be required to provide certain information including your name, phone number and an e-mail address. You will also be required to provide details of a credit or debit card (or such other payment mechanism as is permitted by these Terms) which you are legally entitled to use. We reserve the right to request additional evidence of proof of billing information where we think this is necessary. You warrant that all information you provide to us at any time is true, accurate and complete.
MAKING A PURCHASE
3.1 In order to purchase Goods using this Website, you must add them to your Shopping Basket. The Shopping Basket holds the Goods you have selected to purchase whilst you shop. Please note that Goods in your Shopping Basket are not reserved for you, and they will be available for purchase by other customers until you have submitted and we have confirmed your order for them in accordance with these Terms.
3.2 Once you have placed Goods in your Shopping Basket, indicate that you wish to purchase Goods by proceeding to the Checkout section of the Website and enter the relevant information where instructed. You will be provided with an opportunity to review your order, select a chosen delivery option, check the total price of your order and the information you have provided and correct any input errors before confirming your purchase. Finally you will have to confirm that you have read and agree with these Terms.
THE BASIS OF OUR AGREEMENT
4.1.These Terms apply to all Goods supplied by us via our Website. Orders are only accepted under these Terms and they may not be altered or added to without our written agreement. The Contract may be concluded in English only.
4.2. In relation to the Contract we intend to rely upon these Terms and any documents referred to in them along with any written acceptance of an order placed by you as to the terms of the agreement between us.
4.3. Whilst we will accept responsibility for statements and representations made by our duly authorised agents, if you require any changes to these Terms these must be set out in writing and signed by one of our directors. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "pay now" button on the payment details page. After you place an order, you will receive an email from us acknowledging that we have received an order. However, please note that this does not mean that your order has been accepted. An agreement between you and us for the sale of any Goods only exists after we have accepted your order and have confirmed it in writing by email to an email address you have given ("Acceptance Email"). Once we do so, there is a binding legal contract between us (the 'Contract' as defined above).
4.4. Any Quotations we provide do not constitute an offer to enter into a Contract with you. In order to purchase any Goods from us you will need to go through the process set out in clause 4.3 above.
4.5 We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof, in our sole discretion, even after your receipt of an order confirmation or after your chosen payment method has been charged (subject to our refunding the payment to you). You may not purchase and Goods from this Website for resale by you or any other person. Goods will be sold in quantities that are compatible with your own personal use of such goods. We reserve the right to restrict the quantities of any Goods being ordered by any one person or being delivered to any one address. We shall be entitled to cancel any order placed by you that we believe has been made for the purpose of resale. In such event we reserve the right to refuse or cancel all subsequent orders from you. We also reserve the right to reject orders from any customer with whom we have an ongoing legal dispute regarding a prior order. We may cancel any order if we suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history.
4.6 We may change these Terms without notice to you in relation to future sales. Therefore, please check and ensure that you understand the Terms which will apply at the time you purchase any Goods.
4.7 In providing any advice to you with regard to the suitability of any Goods or materials for your specifications we shall rely upon the information that you provide to us. You must ensure the accuracy of any information you provide to us including any applicable design, drawing or specification and you must give us any necessary information relating to the Goods within sufficient time to enable us to perform the Contract in accordance with these Terms.
4.8 The Website is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
4.9 By placing an order through the Website, you warrant that:
4.9.1 You are legally capable of entering into binding contracts;
4.9.2 You are at least 18 years old; and
4.9.3 You are resident in mainland United Kingdom and you are accessing the Website from there.
4.10 We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any warranty or undertaking in relation to any products that you purchase from companies to whose website we have provided a link on the Website and any such warranties and undertakings are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
THE DESCRIPTION AND PRICE OF THE GOODS
5.6 The description and price of the Goods you order will be as shown on the Website at the time you place your order. We reserve the right to vary the price of the Goods at any time before the Contract becomes binding on us. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. We generally check our prices before accepting your order. If we discover an error in the price or description of the Goods you have ordered before accepting your order, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund. If we discover an error in price after accepting and/or completing your order, and the error is obvious and could reasonably be recognised by you as mis-pricing, we may end the contract, refund you any sums you have paid and, where relevant, require the return of any Goods provided to you.
5.7 Our ability to supply the Goods is subject to us holding them in stock or being able to obtain them. If on receipt of your order, the Goods you have ordered are not available either in stock or by special order we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will refund or credit you for any sum that has been paid by you or debited from your debit or credit card for the Goods.
5.8 In the event that we are unable to supply the Goods to you for a reason beyond our reasonable control, we will notify you and may offer you alternative similar products (if available). You shall be entitled to accept the alternative goods offered with a refund of any difference in the price if the substitute is cheaper or by paying extra (as notified to you in advance) if the substitute is more expensive or you shall be entitled to cancel your order and obtain a full refund of any amounts paid for the Goods which we cannot supply.
5.9 Whilst we try to maintain continuity of supply in relation to our lines, we reserve the right to discontinue the sale of any Goods at any time and we shall be under no obligation to supply you with discontinued Goods in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the Goods are not available and offer you an alternative, if one is available, or a full refund.
5.10 In the case of certain Goods, variations may arise in the finish of those products, for example where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the Goods.
5.10 We take every precaution in the preparation of our catalogues, technical circulars, price lists, other literature and the information on the Website, but these documents and information are for your general guidance only and do not form part of the Contract (in the absence of fraud on our part). If you require advice in relation to the Goods, a specific request for advice should be made.
5.12 We reserve the right to increase the price of the Goods by giving notice to you prior to delivery to cover:
5.7.1 any increase in the cost which is due to any factor beyond our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
5.7.2 any change in delivery dates, quantities or specification of the Goods which are requested by you; or
5.7.3 any delay caused by any failure by you to give us adequate information or instructions,
but if you do not wish to pay the higher price, you may cancel your order and claim a full refund.
5.8 Where you require delivery to be made, we may require you to pay a charge for the delivery of the Goods in addition to the price and, if applicable, this charge will be quoted to you at the time you place your order for the Goods.
5.9 The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown as a separate element.
5.10 Prices and delivery charges displayed or otherwise communicated are valid and effective only in mainland United Kingdom.
6. PAYMENT FOR THE GOODS
6.1 You can pay for the Goods and delivery charges by any method shown on the Website or which are notified to you at the time you place your order.
6.2 You must pay for the Goods at the time you place your order
6.3 If you fail to pay for the Goods on the date on which payment is due, we reserve the right to charge you interest on the amount unpaid at the rate of four percent per annum above Barclays Bank Plc’s prevailing base lending rate from time to time, until payment is made. Payment by credit or debit card will not be effective until we are in receipt of cleared funds.
6.4 If for any reason you owe us any money we may deduct these sums in calculating any amount which we may owe you.
7. OUR DELIVERY OF THE GOODS
7.1 Before we agree to deliver the Goods to you, you must provide us with an address for delivery along with all of the information which we will reasonably require to enable us to determine whether we will be able to deliver the Goods, the appropriate method of delivery and the cost to you of providing the delivery service.
7.2 Once your order has been confirmed, we endeavour to dispatch purchases within one (1) or two (2) working days of confirming your order (working days exclude Saturdays, Sundays and Public holidays) and to deliver Goods in accordance with the timescales set out in the delivery option you have selected at checkout. Stated delivery times are estimates only, and are measured from the date of dispatch.
7.3 We will only deliver Goods to addresses within mainland United Kingdom. Orders that are placed for delivery to addresses outside mainland United Kingdom will be automatically rejected during the order process.
7.4 Your order will be fulfilled by the delivery date set out in our acceptance of your order or, if no delivery date is specified, then within 30 days of the date of our acceptance of your order, unless there are exceptional circumstances.
7.5 If there is no one at the address you have given who is competent (and over the age of 18 years) to accept delivery of the Goods by signing for them or you wish to delay a previously agreed delivery date, we will seek to agree an alternative delivery date with you or agree for you to collect the Goods. We reserve the right to make an additional charge for re-delivery and further storage of the Goods and you will be informed of the amount at the time we arrange an alternative date.
7.6 If Goods are to be deposited other than on your private premises we will deliver the Goods as near as possible to the delivery address as is safe and the public highway permits. You will be responsible for complying with all regulations, permits and charges and for all steps which need to be taken for the protection at all times of persons or property. You will reimburse us in respect of all reasonable losses, damages, costs and expenses we may incur as a result of such delivery whether on the public highway or elsewhere. Subject to clause 12, we will remain liable for all losses caused by our own negligence.
7.7 We will only enter private property if we are given specific authority. Once invited onto private property we accept no liability for damage caused to that property by our delivery drivers (whether directly employed by us or by a third party) unless caused by our own negligence. We reserve the right to refuse to deliver the Goods to premises that are considered by our delivery drivers to be unsuitable or unsafe. We will notify you as soon as reasonably possible of the reason for non-delivery.
7.8 You agree to reimburse us in respect of all losses, damages, costs and expenses that we incur in complying with any specific delivery instructions which you may give us and which relate to clauses 7.9 and 7.10 below. Any amount which you reimburse to us will be reduced in proportion to the extent that such losses, damages, costs and expenses are due to our negligence.
7.9 Unless we state otherwise, all our quotations and estimates assume delivery of the full contracted amount of Goods. We reserve the right to levy additional charges for delivery by instalments where requested by you.
7.10 If you keep our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the Goods we have to provide additional staff to unload Goods, a reasonable additional charge will be made that reflects the extra services provided.
8. YOUR CANCELLATION OF THE CONTRACT AND RETURN OF THE GOODS
8.1 All goods sold on our website can be returned for a refund excluding samples and paint, which is mixed to order.
8.2 As a consumer, you have a legal right to cancel a Contract formed over the internet, telephone or by mail order under the Consumer Rights Act 2015 during the period set out in the table below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, 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. This clause does not affect your right to return faulty or misdescribed Goods.
End of the cancellation period
Your Contract is for Goods which are 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 Goods.
Example: if we provide you with an Acceptance Email on 1 January and you receive the Goods 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 Goods or the last of the separate Goods ordered.
Example: if we provide you with an Acceptance Email on 1 January and you receive the first instalment of your Goods or the first of your separate Goods on 10 January and the last instalment on 15 January you may cancel in respect of all instalments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of Goods over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Goods.
Example: if we provide you with an Acceptance Email on 1 January in respect of Goods to be delivered at regular intervals over a year and you receive the first delivery of your Goods 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 Goods to arrive during the year.
8.2 To exercise your right of cancellation, you must let us know you have decided to cancel. You can do this by completing the cancellation form attached to these terms and returning it to us by hand, post, fax or email, at the address, fax number or email address shown below giving details of the Goods ordered and (where appropriate) their delivery:
FAO : Customer Services
Abaris Holdings Limited
Denham UB9 4DX
T: 01895 221099
8.3 If you exercise your right of cancellation after the Goods have been delivered to you, unless the Goods are faulty or not as described you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to our Distribution Centre. Please refer to our Returns Policy. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you), we will assess what damage has been caused and, at our discretion, those Goods may be rejected and a proportionate part of the refund withheld.
8.4 Once you have notified us that you are cancelling the Contract, we will refund or credit you within the deadlines indicated below:
8.4.1 if you have received the Goods, 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us;
8.4.2 if you have not received the Goods 14 days after you inform us of your decision to cancel the Contract.
8.5 We will 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. For example, if we offer standard delivery of the Goods at one cost but you choose to have the Goods delivered quicker at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 If you do not return the Goods as required under Clause 8.3, we may charge you a sum not exceeding our direct costs of recovering the Goods and/or replacing any Goods that are damaged.
8.7 You do not have the right to cancel the Contract if your order is for Goods that are made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
8.8 All refunds will be credited back to the original payment type and card used to pay for the original order.
We will prosecute to the fullest extent of the law any fraudulent activities, including without limitation, any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
9. YOUR ACCEPTANCE OF THE GOODS
9.1 Your acceptance of Goods can take place in three ways:
9.1.1 by telling us that you have accepted the Goods;
9.1.2 by altering or customising the Goods in any way; or
9.1.3 by using the Goods or keeping the Goods longer than a reasonable time without telling us that you have rejected them.
10. YOUR RESPONSIBILITIES ON DELIVERY INCLUDING INSPECTION
10.1 If the Goods do not conform to your order, if they are damaged or faulty, if they are not of satisfactory quality or are otherwise defective you should reject them on delivery, or, if a defect is found after acceptance we will (subject to confirmation of the defect) exchange the Goods or refund you in full in accordance with clause 11 below.
10.2 Should a short delivery (of less than the full quantity of Goods ordered) have been made, you must notify us within a reasonable time of discovery of the short delivery and we will make good the shortage.
11. DEFECTIVE GOODS
11.1 We are required to supply Goods that are in conformity with the Contract, as described, fit for purpose and of satisfactory quality.
11.2 During the expected life of your Goods, your legal rights entitle you to the following:
11.2.1 Up to 30 days: if your Goods are faulty, you can get a refund.
11.2.2 Up to 6 months: if your faulty Goods cannot be repaired or replaced, then you are entitled to a full refund in most cases, unless we can prove that the Goods did not have a Defect at the time they were delivered.
11.2.3 Up to 6 years: if the Goods can be expected to last up to 6 years you may be entitled to a repair or replacement, or if this is not possible, some of your money back. In this case you are required to prove that the Goods did have a Defect at the time they were delivered.
11.3 If you wish to exercise your legal rights to reject the Goods you must either return them in person to where you bought them, post them back to us or allow us to collect them from you. We will pay the costs of collection (or postage). Please call customer services on 01895 221099 or email us at email@example.com to arrange collection.
11.4 Nothing in these Terms will affect the terms of manufacturers’ warranties and guarantees or your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
11.5 You cannot make a claim for any Defects in the Goods in the following cases:
11.5.1 if the Defect was brought to your attention on or before the time of sale;
11.5.2 if you inspected the Goods on or before the time of sale and the defect or fault was or should have been readily noticeable;
11.5.3 if the Defect arises from your wilful actions, negligence, abnormal working conditions, mis-use, alteration or repair of the Goods, failure to follow instructions relevant to the Goods or storage of the Goods in unsuitable conditions;
11.5.4 except as provided for in clause 8, if you change your mind about wanting the Goods or if after purchase you decide that you do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
11.5.5 if you chose the Goods yourself for a purpose which was neither obvious nor made known to us and you find the item unsuitable for that purpose; or
11.5.6 if the Defect is a result of normal wear and tear.
12. OUR LIABILITY
12.1 If we fail to comply with the terms of the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
12.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 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);
12.3.5 defective Goods under the Consumer Protection Act 1987; and
12.3.6 any breach of the terms implied by sections 9,10,11,13 and 14 of the Consumer Rights Act 2015.
12.4 We will not be liable for any death, or personal injury to you or anyone under your control that was not caused by our negligence.
13. OWNERSHIP AND RESPONSIBILITY FOR THE GOODS
13.1 Risk passes to you as soon as we have delivered the Goods and you will then be responsible for them.
13.2 You will have title (ownership) to the Goods once you have fully paid for them (cash or cleared funds) and any other sums outstanding between you and us whether in respect of this Contract or otherwise.
13.3 Until you hold title to the Goods you shall:
13.3.1 hold the Goods on trust on our behalf;
13.3.2 store the Goods separately from all other goods or products in such a way that they remain identifiable as the Goods; and
13.3.3 not affix the Goods to any land or building in such a way that they become incapable of removal without material injury to the land or building.
14. YOUR NON-PAYMENT / INSOLVENCY
14.1 If you are declared bankrupt, enter into an Individual Voluntary Arrangement with your creditors, fail to pay any invoice or any sum due to us under any contract or you commit a material breach of the Contract and fail to remedy that breach, all sums outstanding between you and us shall become immediately due and payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):
14.1.1 require payment in cleared funds in advance of any further orders you may make;
14.1.2 cancel or suspend any further deliveries to you under this or any other contract without liability on our part to the extent that we have not already received payment in cleared funds;
14.1.3 claim interest and compensation on the sums outstanding from the due date until payment is received in accordance with clause 4.2 above; and
14.1.4 terminate this or any other contract with you without liability on our part, provided that we shall complete orders on which you have made payment in full.
14.2 You will reimburse our costs including legal costs, which we incur in enforcing a breach of the Contract arising from your act or omission.
15. DATA PROTECTION
16. EVENTS BEYOND OUR CONTROL
We reserve the right to defer the date of delivery or to cancel the Contract or, with your consent (not to be unreasonably withheld or delayed), reduce the volume of Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to terminate the Contract by giving 14 days prior written notice and you shall be entitled to a refund in respect of any Goods not delivered to you.
17.1 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
17.3 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take Court proceedings, then English law will apply and you may bring proceedings in respect of the Goods in the courts of England and Wales.
17.4 Any waiver by us of any breach or default of these Terms does not mean that we will continue to waive that or any subsequent breach.
17.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
17.6 Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
17.7 The headings of these Terms are for convenience only and shall not affect their interpretation.
17.8 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
17.9 Nothing in these Terms or the Contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
To: FAO: Customer Services
Abaris Holdings Limited
Denham. UB9 4DX
I hereby give notice that I wish to withdraw from my contract of sale for the following goods:
Description of Goods:
Date of Order:
Date Goods were received:
*A signature is only necessary if you print and sign this form on paper
Please print or save this form and send it to by post or email using the following addresses:
By post to:
FAO : Customer Services
Abaris Holdings Limited
Denham. UB9 4DX
By email to: firstname.lastname@example.org