Terms and Conditions of Sale

 

PAY WEEKLY STORE limited

WEBSITE terms and conditions of sale TO CONSUMERS

In order to protect your interests you should read these Conditions carefully before placing an order with us.  If you require any changes to these Conditions you should ask us to put these in writing.

 

1.                     Definitions

1.1                 In these Conditions the following expressions have the following meanings unless inconsistent with the context:

"Conditions"

these terms and conditions;

"Contract"

any agreement for the sale and purchase of Goods from us to you in accordance with Condition 2.2;

"Cooling Off Period"

means as described in Condition 8.1;

"Delivery Address"

the address for delivery of the Goods within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;

"Finance"

the process by which you pay for the Goods by entering a conditional sale agreement with us;

"Goods"

all goods supplied by us to you under the Contract;

"Notice of Cancellation"

any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8; 

"Order Acknowledgment"

written confirmation by us of our acceptance of your order;

"Price"

the price payable by you for the Goods;

"Site"

www.payweeklystore.com

"we", "us" or "our"

Pay Weekly Store Limited, registered in England and Wales under number 8080202, whose registered office isSecondFloor,43BroomfieldRoad,Chelmsford,Essex, United Kingdom, CM1 1SY, support@payweeklystore.com

"Working Day"

any day from Monday to Friday other than a statutory holiday or public holiday in England; and

"you" or "your"

the person who has accepted these Conditions.

1.2                 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.

1.3                 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).

1.4                 Words in the singular include the plural and words in the plural include the singular.

1.5                 Any reference to "writing" includes communications by post, facsimile and e-mail but excludes text messages.

1.6                 The headings to Conditions do not affect the meaning and interpretation of these Conditions.

1.7                 Any phrase introduced by the term "include", "including", "in particular" or any similar expression is illustrative and does not limit the sense of the words preceding that term.

 

2.                     Basis of Contract

2.1                 These Conditions shall apply to the sale by us of all Goods purchased by you.

2.2                 Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before. 

2.3                 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.

2.4                 Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.

2.5                 We may, from time to time and without notice, change the Goods in order to comply with any applicable statutory requirements provided that such changes do not materially affect the nature or the Price of the Goods.

2.6                 If Goods ordered by you are not available, unless the Goods have been ordered by Finance we shall contact you and offer you the option of either ordering alternative Goods or cancelling your order. In the event that we are unable to contact you within 10 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you.  Where Goods have been ordered by Finance, your original order will be cancelled and any sums already paid by you will be refunded to you by us.

 

3.                     Price

3.1                 The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.

3.2                 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, unless the Goods have been ordered by Finance, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full.  Where Goods have been ordered by Finance, your original order will be cancelled and any payment already made by you will be refunded by us.

3.3                 All Prices are quoted inclusive of VAT.

3.4                 The Price is exclusive of the costs of delivery, the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time your order is received by us.

 

4.                     Payment

4.1                 Payment for the Goods shall be due at the time of order placement and payment can be made by one of the following credit or debit cards: MasterCard, Visa, and Maestro, or by using Finance.  Where payment is made by Finance, the Delivery Address must be your home address.

4.2                 Unless due to our fault, if either:-

4.2.1                  payment for the Goods has not been received in full and in cleared funds; or

4.2.2                  a Finance agreement has not been entered into and any initial payment required under the Finance agreement been received in full and in cleared funds;

within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.

4.3                 Payments for Goods shall only be accepted in sterling.  Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.

 

5.                     Packaging

5.1                 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.

 

6.                     Delivery

6.1                 All deliveries are free unless otherwise stated. Where your order is subject to a delivery charge it is payable by you at the time of payment for the Goods in accordance with Clause 4.

6.2                 If you are paying using Finance, you will receive a phone call shortly after your order to confirm your details and set up of your account. Delivery times are dependent on this and not being able to contact you can delay delivery times.

6.3                 We shall reasonably endeavour to deliver the Goods within 21 Working Days of the Order Acknowledgement ("the Anticipated Delivery Date"), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control.  If delivery is delayed for more than 30 days after the Anticipated Delivery Date you shall be entitled to cancel the Contract and recover your reasonable losses from us.

6.4                 We shall have the right to deliver Goods in instalments.

6.5                 If you pay for the Goods by Finance we will only delivery them to the billing address.

6.6                 If you fail to take delivery of the Goods within a period of 15 Working Days of our written notification that delivery can take place, or if we are unable to deliver the Goods as notified to you because there is nobody to take delivery on your behalf the Goods will no longer be available for delivery.  Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery.  You must use the Contact Us page on the Site to arrange re-delivery.

6.7                 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 14 Working Days following delivery.

 

7.                     Risk and Title of Goods

7.1                 Risk of damage to or loss of the Goods shall pass to you:

7.1.1                  at the time of delivery; or

7.1.2                  if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.

7.2                 Unless you purchase the goods using Finance, ownership of the Goods shall pass to you on delivery.

7.3                 If purchase the goods using Finance, ownership of the Goods shall pass to you in accordance with the terms of the Finance agreement.

 

8.                     Cancellations

8.1                 Unless the Goods have been personalised or otherwise made to your specification or by the reason of the nature of the Goods cannot be returned you may cancel the Contract at any time after you place your order up to 14 days from the day following delivery of the Goods ("Cooling Off Period").

8.2                 If you wish to cancel the Contract under Condition 8.1 you must:

8.2.1                  provide us with a Notice of Cancellation-

8.2.2                  keep the Goods in your possession; and

8.2.3                  return the Goods to us at your own cost;

8.3                 If you cancel the Contract under Condition 8.1 during the Cooling Off Period, we will, subject to Condition 8.4, to you all payments you have made for the Goods including any payments under Finance within 14 days from the earlier of :-

8.3.1                  The date you suppy us with evidence of you sending the Goods back to us; and

8.3.2                  The date we receive the Goods back from you .

8.4                 Where you fail to return the Goods to us or the Delivery Address or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to deduct the direct costs of collection or return from any refund due to you under Condition 8.3.

8.5                 Where:

8.5.1                  the value of the Goods is diminished because they have been used beyond what is necessary to establish their nature, characteristics and functioning; and/or

8.5.2                  you to fail take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transit

we may deduct the reduction in the value of the Goods and any other damages, costs or other expenses which we incur as a result from the amount we refund to you and/or take legal proceedings to recover such sums.

8.6                 You may cancel the contract using our standard notice of cancellation at the end of these Conditions.

 

9.                     Complaints, Warranties and the Return of Goods  

9.1                 We warrant to you that any Goods purchased from us through our Site will, on delivery, be free from material defects in materials or workmanship.

9.2                 You must check the Goods and their packaging when you take delivery of them. If either :-

9.2.1                  the packaging is damaged, or

9.2.2                  the courier will not wait for you to check the packaging properly,

you must write "packaging damaged" on the courier’s electronic pad/delivery when you sign for the Goods, and notify us of any damage to the Goods within 48 hours of delivery – otherwise they will be assumed to be delivered in perfect condition.

9.3                 If you make a claim of damaged or defective Goods under the warranty provided at Condition 9.1 we ask that:

9.3.1                  you tell us about any fault or damage within 48 hours of delivery;

9.3.2                  send us a photograph of the problem if we request this; and

9.3.3                  you give us a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and at our option either return the Goods to us at your cost for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.

9.4                 Where you have a valid claim in respect of the Goods we shall be entitled to:

9.4.1                  replace the Goods (or the part in question) found to be defective at our cost; or

9.4.2                  at our option refund to you the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to warranty.

9.5                 If the Goods are not of a type ordinarily supplied for private use or you are entering into this agreement in the course of your business, then:

 

9.5.1                  you declare that you have selected the Goods yourself and have examined them and that they are in every respect satisfactory; and

9.5.2                  we do not supply the Goods subject to any term, express or implied, save those terms implied by the provisions of section 12 of the Sale of Goods Act 1979 as amended (‘the Act’) (relating to our title to the Goods), so that, without prejudice to the generality of the foregoing, there is excluded:

9.5.3                  any term of fitness of the Goods for any particular purpose;

9.5.4                  where the Goods are sold by reference to a description, any term that the Goods will correspond with that description; or

9.5.5                  where the Goods are sold by reference to a sample, any term that the bulk will correspond with the sample in quality, that the Customer will have a reasonable opportunity of comparing the bulk with the sample, and that the Goods will be free from any defect making their quality unsatisfactory which would not be apparent on reasonable examination of the sample; and

9.5.6                    any term relating to the satisfactory quality of the Goods.

9.6                 If the Goods are of a type ordinarily supplied for private use and you are not entering into this agreement in the course of your business, then:

9.6.1                  we sell the Goods subject to the terms implied by sections 12 (relating to our title to the Goods), 13 (relating to sales by description), 14 (relating to implied undertakings as to quality or fitness) and 15 (relating to samples) of the Act, but except as mentioned above, all conditions or warranties, express or implied, are excluded;

9.6.2                  for the avoidance of doubt, nothing contained in this agreement shall affect your statutory rights under sections 12, 13, 14 and 15 of the Act.

9.7                 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.  This Condition9.5 shall not affect your statutory rights as a consumer.

 

10.                 Liability

10.1             Nothing in these Conditions excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentations.

10.2             Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:

10.2.1              were not foreseeable to us at the time when the Contract was made; 

10.2.2              relate to any business undertaken by you; and/or

10.2.3              were not caused by any breach of the Contract by us, our agents or employees.

10.3             If the Goods are of a type ordinarily supplied for private use and you are not entering into this agreement in the course of your business, then we are not liable for the following kinds of loss resulting from our breach of this agreement:

10.3.1              loss of income or revenue;

10.3.2              loss of business, profits, anticipated savings, management or office time,

10.3.3              loss of data;

10.3.4              loss of your personal time;

10.3.5              any losses of personal funds you may experience as a direct  or indirect result of a failure of us to comply with this agreement;

10.3.6              any loss or damage to any property (including the Goods) as a result of incorrect use of the Goods;

10.3.7              any theft or other loss of the Goods; and

10.3.8              death or personal injury not caused by our negligence.

10.4             Except in cases where our liability cannot be limited under law, our liability under this agreement shall be limited to £10,000 (ten thousand pounds sterling).

10.5             You will indemnify us against any loss or expense by reason of any liability arising out of any claims for damages related to the Goods, including any such claims related to your use of the Goods.

 

11.                 Force Majeure

11.1             We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.

 

12.                 Assignment

12.1             We may assign the Contract or any part of it to any person.

12.2             You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.

 

13.                 Third party rights

13.1             A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

14.                 Severance

14.1             If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.

 

15.                 Waiver

15.1             If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.

 

16.                 Cumulative remedies

16.1             All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.

 

17.                 Governing law and jurisdiction

17.1             The Contract shall be governed by the laws of England and any court proceedings in relation to the Contract are to be brought in the English Courts.