Terms & Conditions
iCandy World Limited E-Commerce Terms and Conditions of Purchase
Version December 2017
This page (together with our Website Terms and Conditions and our Privacy and Cookies Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) or provide any services (“Services”) listed on our websites, www.icandyuk.com and www.icandyworld.com (“our sites”) to you.
These Terms will apply to any contract between us for the sale of Products and provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products or Services from our site. Please note that by ordering any of our Products or Services, you agree to be bound by these Terms and the other documents expressly referred in these Terms. However, before you place your order with us, we will ask you to confirm that you agree to these Terms, by clicking on the button marked "I Accept" at the end of these Terms. If you do not accept these Terms, you will not be able to order any Products or Services from our sites.
We strongly recommend that you print a copy of these Terms, or save them to your computer, for future reference.
We may amend these Terms from time to time, as set out in clause 10. Every time you wish to order Products or Services from us please check these Terms to ensure you understand the terms which will apply at that time. If we amend these Terms we will create a new version number for the Terms and also reference when the amendment took place. This information will be detailed at the start of these Terms.
In these Terms we make reference to consumers and business customers. If you wish to seek guidance on whether you are a consumer or a business customer, we recommend you contact your local Citizens Advice Bureau or Trading Standards Office for more information.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the websites www.icandyuk.com and www.icandyworld.com. We are iCandyWorld Limited, a company registered in England and Wales under company number 00282792 and with our registered office at Montgomery Way, Biggleswade, Bedfordshire SG18 8UB. Our VAT number is GB 229 1162 79.
1.2 To contact us, please see our Contact Us page or contact us in accordance with clause 23.
2. OUR PRODUCTS
2.1 The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the 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, capacities, dimensions and measurements indicated on our sites have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our sites.
2.4 All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. PRE-LOVED PRODUCTS
3.1 All our pre-loved Products are used and will be displayed in accordance with clause 2. They may have some signs of cosmetic wear, but will be fully operational and function as intended. Please see our individual pre-loved Product listing for full details and a description of any imperfections.
3.2 If you are a consumer any pre-loved Products that you purchase are subject to the same remedies as for new goods as set out in clause 11.
3.3 Our pre-loved Products will be graded from A to C, which will be specified in the product listing. The warranty we offer will depend on the grade of the pre-loved Product. Please see clause 18 for further information about our Product warranty.
4. OUR SERVICES
4.1 Descriptions of our Services are set out on our sites and form part of the Contact for the sale and purchase of those services. Specific terms and conditions that apply to such Services may also be set out on the same pages as the descriptions. These terms and conditions shall form part of each Contract too.
4.2 In relation to our “iService”, the additional terms and conditions set out in clause 14 of these Terms shall apply and shall form part of each Contract.
5. USE OF OUR SITES
5.1 Your use of our sites is governed by our Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.
6. HOW WE USE YOUR PERSONAL INFORMATION
6.1 We only use your personal information in accordance our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.
7. IF YOU ARE A CONSUMER
This clause 7 only applies if you are a consumer.
7.1 As a consumer, you have legal rights in relation to Products or Services that are faulty or not as described. Further information can be found in clause 12 or you can seek further advice about your legal rights available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7.2 We know that our Products or Services are often purchased as gifts. Where this is the case, we acknowledge that any queries regarding the Product or Service may be made by the recipient of the gift. If this is the case, please notify us in your order that you are purchasing the Product or Service as a gift and provide details of whom you authorise us to discuss any queries relating to the Product or Service.
8. IF YOU ARE A BUSINESS CUSTOMER
This clause 8 only applies if you are a business.
8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our sites to purchase Products and Services.
8.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
8.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
8.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract.
9. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
9.1 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.
9.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 9.3.
9.3 We will confirm our acceptance to you:
9.3.1 if you have purchased a Product, by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”); or
9.3.2 if you have purchased a Service, by sending you an email confirming acceptance of your order for the Services (“Acceptance of Order”),
and a Contract between us will only be formed when we send you, as relevant, the Dispatch Confirmation or Order Acceptance.
9.4 If we are unable to supply you with a Product or Service, for example because that Product is not in stock or that Product or Service is no longer available or because of an error in the price on our sites as referred to in clause 16.5, we will contact you by e-mail or by telephone to notify you. We will not process your order. If you have already paid for the Product or Service, we will refund you the full amount as soon as possible.
10. OUR RIGHT TO VARY THESE TERMS
10.1 We may revise these Terms from time to time in the following circumstances:
10.1.1 to reflect changes in how we accept payment from you;
10.1.2 to reflect changes in relevant laws and regulatory requirements; and
10.1.3 to reflect hanges in the way we sell our Products or Services.
10.2 Every time you order Products or Services from us, the Terms in force at that time of your order will apply to the resulting Contract between you and us.
10.3 Whenever we revise these Terms in accordance with this clause 10, we will state that these Terms have been amended and the relevant date at the top of this page. We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
10.4 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 your Contract if you are not happy with the changes. You may cancel:
10.4.1 either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel: you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges; or
10.4.2 in respect of the affected Services you are yet to receive. If you opt to cancel, we will arrange a full refund of the proportional price for the unused Services.
11. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 11.3. 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 a Product or receive a Service, you can notify us of your decision to cancel your Contract and receive a refund. Advice about your legal right to cancel your Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2 However, this cancellation right does not apply in the case of any custom-made products or products made to your specification or clearly personalised. Neither does it apply if we have completed the Services.
If you have purchased Products
11.3 You may cancel a Contract from the date of the Dispatch Confirmation, which is when the Contract between you and us is formed. Your deadline for cancelling the Contract then depends on what you have ordered. If your Contract is for:
11.3.1 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 Product; or
11.3.2 one Product which is delivered in instalments on separate days or multiple Products which are delivered on separate days, the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
If you have purchased Services.
11.4 You may cancel a Contract from the date of the Acceptance of Order up until the 14 days after the day on which you receive the Acceptance of Order (“Service Cancellation Period”).
11.5 We will not supply the Services you have purchased during the Service Cancellation Period unless:
11.5.1 you have expressly requested us to do so in writing; and
11.5.2 you acknowledge that you will lose your right to cancel once the Services have been fully performed.
11.6 If you want us to supply the Services before the expiry of your Service Cancellation Period, we suggest you use the model form set out in Schedule 2 or email us at firstname.lastname@example.org.
11.7 To cancel a Contract for the purchase of Products or Services, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services telephone line on 01767 604400 or e-mail us at email@example.com or send us the model cancellation form (as set out in Schedule 1). You may wish to keep a copy of your cancellation notification for your own records. 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. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us. If your Product is purchased as a gift, we will accept returns from the gift recipient provided the return is made in the period specified above and you have notified us who the gift recipient is in your order however any refunds will only be made to the credit card or debit card used to pay for the Products. Equally, if your Service is purchased as a gift, we will also accept cancellations from the gift recipient provided the cancellation is made during the Service Cancellation Period and you have notified us who the gift recipient is in your order however, any refunds will only be made to the credit or debit card used to pay for the Service.
11.8 If your Product has not been despatched, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. If your Product has been dispatched and is not faulty or mis-described, you will receive a refund of the price you paid for the Product together with 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 (provided that this is a common and generally acceptable method).
11.9 If you have not requested that we supply the Services during the Services Cancellation Period pursuant to clause 11.5, you will receive a full refund of the price you paid for the Services. If you requested that we supply the Services during the Services Cancellation Period pursuant to clause 11.5 and we have not fully performed the Services, you will receive a full refund of the price you paid for the Services less a proportionate amount of the price paid for the Services supplied to the time when you inform us of your decision to cancel your Contract. If you requested that we supply the Services during the Services Cancellation Period pursuant to clause 11.5 and we have fully performed the Services, you will not receive any refund.
11.10 We will process the refund due to you as soon as possible. Where your Contract relates to Services, this will be no later than the end of 14-days after the day you inform us of your decision to cancel your Contract. Where your Contract relates to Products, this will be no later than the end of 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. Please note that refunds will only be made to the purchaser of the Products or Services. 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.
11.11 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.12 Any refunds paid will only be made to the credit or debit card used to pay for the Products.
11.13 If the Products were delivered to you:
11.13.1 you must return the Products to us as soon as reasonably practicable, but in any event within 14 days after you notify us you wish to cancel your Contract, and the Products must be returned unused in a saleable condition. If the Products require collection, we will collect the Products from the address to which they were delivered. We may collect them from an alternative address if they were purchased as a gift, at our discretion, but you will need to discuss this with us in advance. We will contact you to arrange a suitable time for collection;
11.13.2 unless the Products are faulty or not as described (in this case, see clause 11.1110.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you; and
11.13.3 until the Products are returned to or collected by us, you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products. If the Product is a gift, and we have agreed to collect the Product from the gift recipient you must ensure that the gift recipient takes reasonable care of the Product whilst in their possession.
11.14 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation and Acceptance of Order.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS OR SERVICES IF YOU ARE A CONSUMER
12.1 As a consumer, you will always have legal rights in relation to Products or Services that are faulty or not as described and we are under a legal duty to supply Products and Services that are in conformity with the Contract. These legal rights are not affected by the returns policy in clause 11 or these Terms. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you ordered Products
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If you ordered Services
The Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it;
· if you have not agreed a price beforehand, what you are asked to pay must be reasonable; and
· if you have not agreed a time beforehand, it must be carried out within a reasonable time.
12.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us (see our Contact Us page and clause 23 for our contact details) for a return label or to arrange collection.
13. DELIVERY OF PRODUCTS
13.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as this term is defined in clause 22.2). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
13.2 Delivery will be completed when we deliver the Products to the address you gave us.
13.3 If no one is available at your address to take delivery, the Products will be returned to the local depot of our delivery company and a further attempt will be made to deliver the Products to your address. If we cannot deliver the Products, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
13.4 The Products will be your responsibility from the completion of delivery.
13.5 Clauses 13.5 and 13.6 only apply if you are a consumer. If we do not deliver any Products within 30 days of us sending you the Dispatch Confirmation for those Products then you may cancel your order straight away if any of the following apply:
13.5.1 we have refused to deliver the Products;
13.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
13.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 13.5, 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.
13.6 If you do choose to cancel your order for late delivery under clause 13.5, 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.
14. OUR iSERVICE
14.1 If the Services you have ordered include our iService, then the additional terms and conditions of this clause 14 shall apply to your Contract.
14.2 So that we may supply the iService, we will need to collect your existing pushchair. We will arrange for our courier to collect your pushchair and deliver it to us. We will inform you of the day, and a one-hour time slot in which, our courier will use its reasonable endeavours to collect your pushchair from you. If you have purchased the Platinum iService, it will include the loan of a pushchair (“Loan Pushchair”), and our courier will deliver to you the Loan Pushchair at the same time. A Loan Pushchair is not included as part of any of our other iService packages.
14.3 In relation to the Loan Pushchair:
14.3.1 the Loan Pushchair shall at all times remain our property, and you will have no right, title or interest in or to the Loan Pushchair, except to possess it and use it whilst we service your pushchair;
14.3.2 the risk of loss, theft, damage or destruction to the Loan Pushchair will pass to you when our courier delivers it to you, and will pass back to us when our courier collects it from you;
14.3.3 at all times whilst the Loan Pushchair is in your possession you shall take reasonable care of the Loan Pushchair;
14.3.4 you shall not make any alteration to the Loan Pushchair and shall not remove any existing component(s) from the Loan Pushchair;
14.3.5 you shall not part with control of, sell or offer for sale the Loan Pushchair or lend it to any person;
14.3.6 you shall ensure that at all times the Loan Pushchair remains identifiable as being our property and not remove any visible sign to that effect attached to the Loan Pushchair; and
14.3.7 you shall surrender the Loan Pushchair to us, or our courier, on demand.
14.4 Once we have serviced your pushchair, we will arrange for our courier to re-deliver your pushchair back to you. Again, we will inform you of the day, and a one-hour time slot in which, our courier will use its reasonable endeavours to re-deliver your pushchair to you. If you were given a Loan Pushchair, our courier will collect the Loan Pushchair at the same time.
14.5 If you are not home or if no one is available to allow a collection or re-delivery as described in clauses 14.2 and 14.4, we will contact you to rearrange collection or re-delivery. We may charge you £10.00 for rearranging the collection or re-delivery because these are additional costs we would not have incurred but for you not being home as arranged.
14.6 If we have arranged for re-delivery of your pushchair to you, you must make any Loan Pushchair available for collection at the same time. If we re-deliver your pushchair but the Loan Pushchair is not available for collection, you will be charged £10.00 for rearranging the collection of our Loan Pushchair because these are additional costs we would not have incurred but for you not making the Loan Pushchair available for collection. If you refuse to agree a re-collection date that is reasonably acceptable to us, or do not make the Loan Pushchair available to collect on the rearranged collection date then we may charge you the reasonable cost of replacing the Loan Pushchair. We shall inform you of such cost and you hereby authorise us to charge the same credit or debit card you used to pay for the iService or will otherwise pay our invoice for such costs within 7-days of receipt.
14.7 Collections and re-deliveries by our courier can only be arranged to take place Monday to Friday between 9am and 5pm (excluding public holidays). We cannot arrange for collections and re-deliveries at other times.
14.8 If our courier does not make a collection or re-delivery on the day and within the time slot notified, please contact us on our Customer Services telephone line on 01767 604400 or e-mail us at firstname.lastname@example.org. In this case we will rearrange the collection or re-delivery at no further cost to you.
14.9 If the Loan Pushchair is lost, stolen, damaged or destroyed whilst in your possession, we may charge you the reasonable cost of replacing or repairing the Loan Pushchair. We shall inform you of such cost and you hereby authorise us to charge the same credit or debit card you used to pay for the iService or will otherwise pay our invoice for such costs within 7-days of receipt.
15. INTERNATIONAL DELIVERY
15.1 We currently only deliver to the United Kingdom (excluding Republic of Ireland).
16. PRICE OF PRODUCTS, SERVICES AND DELIVERY CHARGES
16.1 The prices of the Products and Services will be as quoted on our sites from time to time. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Products or Services you ordered, please see clause 16.5 for what happens in this event.
16.2 Prices for our Products or Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or Acceptance of Order.
16.3 The price of a Product and Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
16.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our sites from time to time.
16.5 Our sites contain a number of Products and Services. It is always possible that, despite our reasonable efforts, some of the Products or Services on our sites may be incorrectly priced. We will normally check prices as part of our dispatch or acceptance procedures so that:
16.5.1 where the Product's or Service’s correct price is less than the price stated on our sites, we will charge the lower amount when dispatching the Products to you or accepting your order for the Service. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price; and
16.5.2 if the Product's or Service’s correct price is higher than the price stated on our sites, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service 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.
17. HOW TO PAY
17.1 You can only pay for Products and Services using a debit card or credit card. We accept the following cards: Maestro Domestic, Visa Debit Card, Visa Credit Card, MasterCard Credit, MasterCard Signia/MasterCard World, MasterCard (corporate and commercial card) Visa (corporate and commercial card), JCB, Diners Club/Discover Cards. Payments are processed via Worldpay. All payments must be made by the cardholder or the person making the payment must have the express consent and permission of the cardholder to use the credit card or debit card to make the payment.
17.2 Payment for the Products, Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order for Products or accept your order for Services.
18. OUR WARRANTY FOR THE PRODUCTS
18.1 We provide a warranty that on delivery the Products shall be free from material defects. Our Product Warranty is provided in more detail on our sites. However, this warranty does not apply in the circumstances described in clause 18.2.
18.2 The warranty in clause 18.1 does not apply to any defect in the Products:
18.2.1 arising from fair wear and tear;
18.2.2 arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
18.2.3 arising from if you fail to operate or use the Products in accordance with the user instruction manual;
18.2.4 arising from any alteration or repair by you or by a third party who is not one of our authorised or approved by us;
18.2.5 arising from any specification provided by you;
18.2.6 if the Product serial number has been removed; or
18.2.7 if your chassis becomes faulty after or during use with a buggy board.
18.3 If you are a consumer, this warranty is in addition to 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.
19. OUR WARRANTY FOR SERVICES
19.1 We provide a warranty that the Services shall be provided with reasonable skill and care.
19.2 We further warrant that any replacement parts used as part of our iService shall on re-delivery of your pushchair be free from material defects. However, this warranty shall not apply to any defect in such replacement parts:
19.2.1 arising from fair wear and tear;
19.2.2 arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
19.2.3 arising from if you fail to operate or use them in accordance with the user instruction manual;
19.2.4 arising from any alteration or repair by you or by a third party who is not one of our authorised or approved by us;
19.2.5 arising from any specification provided by you; or
19.2.6 if any serial number has been removed.
19.3 If you are a consumer, this warranty is in addition to your legal rights in relation to replacement parts that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
20. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 20 only applies if you are a business customer.
20.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
20.2 Nothing in these Terms limits or excludes our liability for:
20.2.1 death or personal injury caused by our negligence;
20.2.2 fraud or fraudulent misrepresentation;
20.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
20.2.4 defective products under the Consumer Protection Act 1987.
20.3 Subject to clause 20.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your Contract for:
20.3.1 any loss of profits, sales, business, or revenue;
20.3.2 loss or corruption of data, information or software;
20.3.3 loss of business opportunity;
20.3.4 loss of anticipated savings;
20.3.5 loss of goodwill; or
20.3.6 any indirect or consequential loss.
20.4 Subject to clause 20.2 and clause 20.3, our total liability to you in respect of all other losses arising under or in connection with the performance or contemplated performance of a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or Services purchased.
20.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products or Services are suitable for your purposes.
21. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 21 only applies if you are a consumer.
21.1 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 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.
21.2 We only supply the Products and Services for domestic and private use. You agree not to use the product or service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.3 We do not in any way exclude or limit our liability for:
21.3.1 death or personal injury caused by our negligence;
21.3.2 fraud or fraudulent misrepresentation;
21.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
21.3.4 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); and
21.3.5 defective products under the Consumer Protection Act 1987.
22. EVENTS OUTSIDE OUR CONTROL
22.1 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 22.2.
22.2 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.
22.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
22.3.1 we will contact you as soon as reasonably possible to notify you; and
22.3.2 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 or supply of Services to you, we will arrange a new delivery or supply date with you after the Event Outside Our Control is over.
23. COMMUNICATIONS BETWEEN US
23.1 When we refer, in these Terms, to "in writing", this will include e-mail.
23.2 If you are a consumer:
23.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, please contact our Customer Services telephone line on 01767 604400 or e-mail us at email@example.com or send us the model cancellation form (as set out in Schedule 1). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
23.2.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to iCandyWorld Limited at Customer Services, iCandy World Limited, Montgomery Way, Biggleswade, Bedfordshire, SG18 8UB, or firstname.lastname@example.org. You can always contact us using our Customer Services telephone line 01767 604400.
23.3 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 provided to us in your order.
23.4 If you are a business:
23.4.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
23.4.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second business day after posting; if sent by e-mail, one business day after transmission; or, if posted on our website, immediately.
23.4.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
23.4.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. OTHER IMPORTANT TERMS
24.1 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.
24.2 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 or Service as a gift, you may transfer the benefit of our warranty in clause 18 and clause 19 to the recipient of the gift without needing to ask our consent.
24.3 The 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 or Service will have the benefit of our warranty at clause 18 and clause 19, but we and you will not need their consent to cancel or make any changes to these Terms.
24.4 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.
24.5 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.
24.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products or Services through our sites 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.
24.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
24.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
24.9 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. We will notify you of our provider at that time. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Schedule 1 Model Cancellation Form
Notice of Cancellation
To: iCandy World Limited, Montgomery Way, Biggleswade, Bedfordshire. SG18 8UB, email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
© Crown copyright 2013.
Schedule 2 REQUEST TO SUPPLY SERVICE BEFORE EXPIRY OF RIGHT TO CANCEL
REQUEST TO SUPPLY SERVICE BEFORE EXPIRY OF RIGHT TO CANCEL
To: iCandy World Limited, Montgomery Way, Biggleswade, Bedfordshire. SG18 8UB, firstname.lastname@example.org
I/We [*] hereby request that you provide the services set out in my contact of sale notwithstanding that my 14-day cancellation period has not ended.
I/We acknowledge that I/we will lose my/our right to cancel the services once the contract of sale has been fully performed.
Ordered on [*]/received on [*]:
Description of services:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate