This section tells you about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.everwrist.com to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. 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 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on the 1st November 2016. **Extended Christmas Returns Policy** We’ve specially extended our returns period for the Christmas season. Items dispatched during the period from 1 November, 2016 to 31 December, 2016 inclusive may be returned at any time before midnight on 31 January, 2016. Our returns policy will revert to the standard 21-day period for items dispatched after 31 December, 2016. These Terms, and any Contract between us, are only in the English language.
ABOUT US 1.1
We operate the website everwrist.com. We are Everwrist a sole proprietor business based in Edinburgh, UK. If you would like to contact us via email please send an message to firstname.lastname@example.org. 1.2 Contacting us if you are a consumer: (a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just 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 contact our Customer Services team via email on email@example.com. If you are emailing us or writing to 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. (b) If you wish to contact us for any other reason, including because you have any complaints, you can contact our Customer Services team as set out above. (c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OUR PRODUCTS 2.1
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 colour palette or monitor accurately reflect the colour of the product or products. Your products may vary slightly from those images. 2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, colours, capacities, dimensions and measurements indicated on our site have a 5% tolerance. 2.3 The packaging of the Products may vary from that shown on images on our site.
HOW WE USE YOUR PERSONAL INFORMATION
YOUR PURCHASE 5.1
By placing an order via our website, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 6.1
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. 6.2 When you purchase Products from our Website, and you have pressed the “ORDER AND PAY” button we shall confirm your Order via email and assign you with an order number via email to confirm your purchase. This email is NOT an acceptance of your Order, just a confirmation that we have received it (“Order Confirmation”) The Order Confirmation will confirm the following: a description of the Products ordered; the total price of the goods; the applicable delivery charges, information relating to your right to cancel. 6.3 The contract between us will only be formed when we send you the “Dispatch Confirmation”. The Dispatch Confirmation is the email that we send to you when we have accepted your Order and it will be sent to you on dispatch to you of your Order (unless we have been unable to fulfil your Order or if you have cancelled the Order beforehand). 6.4 Please quote the order number in all subsequent correspondence with us. 6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
OUR RIGHT TO VARY THESE TERMS 7.1
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. 7.2 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. 7.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: (a) Change to a relevant law or regulatory requirement; and (b) To any unforeseen circumstances affecting the manufacturing process. 7.4 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. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
YOUR CONSUMER RIGHT OF RETURN AND REFUND 8.1
If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. 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 less the cost of the charitable donation. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office. 8.2 However, this cancellation right does not apply in the case of any bespoke or customised goods which have been customised in accordance with your specific request. 8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: (a) Your legal right to cancel an Order starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your Order and which is the date on which the contract between us is formed), and the end date is the end of 14 days after the day on which you receive the Product (for example, if you receive the Products on Monday 4 August, the end date is Monday 18 August). If your Order consists of multiple products the end date is 14 days after the day on which you receive the last of the separate Products ordered. This 14 day period is known as your “Cooling-off” period. 8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can also contact our Customer Services team by email, or post. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day. 8.5 If you cancel your Contract we will: (a) Refund you the price you paid for the Product(s) less the cost of the charitable donation and/or less the cost of delivery to you. 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. All goods must be returned in a resalable condition with packaging intact and unopened. (b) 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 or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8; (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. 8.6 If you have returned the products to us under this clause 8 because they are faulty, we will refund the price of the products in full (less the cost of the charitable donation), together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. 8.7 We will refund you on the credit card or debit card used by you to pay. 8.8 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 (in this case, see clause 8.6), you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. 8.9 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 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. *all refunds, where applicable will be made in full less the cost of the charitable donation.
We will contact you via email when your order has been dispatched. Occasionally our delivery to you may be affected by an event outside our control. See clause 18 for our responsibilities when this happens. 9.2 If no one is available at your address to take delivery, then a note left by the delivering company will have further instructions for you to follow, if you need our help in tracking the package then please contact us on firstname.lastname@example.org. 9.3 Delivery of an Order shall be completed when we deliver the products to the address you gave us or you or a carrier organised by you collect them from us and the products will be your responsibility from that time. 9.4 You own the Products once we have received payment in full, including all applicable delivery charges. 9.5 If we miss the 30 day delivery deadline for any products then you may cancel your Order straight away if any of the following apply: (a) We have refused to deliver the Products; (b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) You told us before we accepted your order that delivery within the delivery deadline was essential. 9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline. 9.7 If you do choose to cancel your Order for late delivery under clause 9.6 or clause 9.7, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled products and their delivery.
PRICE OF PRODUCTS AND DELIVERY CHARGES 11.1
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered. 11.2 Prices for our Products may change from time to time, we will advise you in advance of dispatch so that you can decide whether or not to complete the order. See Clause 11.5 11.3 The price of a Product includes VAT (unless stated) 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. 11.4 The price of a Product does include delivery charges for UK post only. Our delivery charges are as advised to you during the check-out process, before you confirm your order. 11.5 Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
HOW TO PAY 12.1
If you have ordered products from our website, you can pay for the Products using a debit card or credit card or by using Paypal. The payment methods we accept will be set out on our website. 12.2 Payment for the Products and all applicable delivery charges is in advance. 12.3 We do not store credit card details nor do we share customer details with any 3rd parties.
MANUFACTURER GUARANTEES and WARRANTIES 13.1
All of the Products we sell to you come with a year’s manufacturer guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
OUR WARRANTY FOR THE PRODUCTS 14.1
For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2. 14.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from: (a) Fair wear and tear or for example the distortion or breaking of parts through misuse. (b) Willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) If you fail to operate or use the Products in accordance with the user instructions; (d) Any alteration or repair by you or by a third party who is not one of our Authorised repairers; or (e) Any specification provided by you. 14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
OUR LIABILITY TO YOU AS A CONSUMER 15.1
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. 15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 15.3 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.
EVENTS OUTSIDE OUR CONTROL 16.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. An event outside our control is defined below in clause 16.2. 16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 16.4 You may cancel a Contract affected by an event outside our control [which has continued for more than  days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges. *all refunds, where applicable will be made in full less the cost of the charitable donation.
COMMUNICATIONS BETWEEN US 17.1
When we refer, in these Terms, to “in writing”, this will include e-mail. 17.2 As a consumer you may contact our Customer Services team as described at the start of these Terms.
OTHER IMPORTANT TERMS 18.1
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. We will always notify you [by posting on this webpage if this happens. 18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent. 18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms. 18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 18.5 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. 18.6 As a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.