These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us to consumers through our website, “watneyshoes.com”. Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from our site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through our site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. INFORMATION ABOUT US
Watneyshoes.com (“We/Us/Our”) is owned and operated by Watney Shoes Limited registered in England and Wales under company number 08131734 and our registered office at 19 Watney Market, London E1 2PP, email email@example.com.
2. CONSUMER RESTRICTIONS
2.1 You are at least 16 years of age;
2.2 You are the resident in the United Kingdom;
2.3 You are the ownership of your credit / debit card holder to pay for your order that you placed with us.
3. GOODS, PRICING AND AVAILABILITY
3.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:
3.2 There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
3.3 Where appropriate, you may be required to select the required size, colour and style name or number of the Goods that you are purchasing.
3.4 We cannot guarantee that Goods will always be available.
3.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.
3.6 Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
3.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary at any time without notice. Changes will not affect any order that you have already placed.
3.8 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days we will treat your Order as cancelled and notify you of this in writing.
3.9 In the event that the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
3.10 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to <<insert location>>. Delivery options and related charges will be presented to you as part of the order process.
4. ORDERS – HOW CONTRACTS ARE FORMED
4.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
4.2 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
4.3 When you placed an order with us, we will send you an acknowledge email of “order confirmation” to confirm that we have received and start to process your order, we will not be able to make any changes to the delivery address. Our order confirmation email of your order does not mean that we have accepted it, subject to stock availability.
4.4 We will contact your card issuer for the full payment of your order (including all applicable delivery charges). Once we received the payment we will send you another email to confirm that your order has been dispatched (“Dispatch Confirmation”).
4.5 Our acceptance is indicated by us sending you a “Dispatch Confirmation” by email. Only once we have sent you a Dispatch Confirmation will be a legally binding Contract between us and you.
4.6 We will also include a paper copy of the Order Confirmation with your Goods.
4.7 In the unlikely event that we do not accept or cannot fulfil your Order for any reason, we will explain why in writing. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible.
4.8 Any refunds due under this Clause 4 will be made using the same payment method that you used when ordering the Goods.
5.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your Goods.
5.2 We accept the following methods of payment on Our Site:
VISA debit, VISA Electron, MasterCard, Maestro;
6. DELIVERY, RISK AND OWNERSHIP
6.1 All Goods purchased through our site will normally be delivered within the estimated delivery period set out in the Dispatch confirmation, otherwise 30 calendar days after the date of Our Order Confirmation (subject to delays caused by events outside of Our control, for which see Clause 10.
6.2 If We are unable to deliver the Goods on the estimate delivery date for the following reasons:
6.3 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
6.4 If you do not collect the Goods or rearrange delivery within 7 days. We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
6.5 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation or the estimated specified period as under sub-Clause6.1), if any of the following apply you may treat the Contract as being at an end immediately:
6.5.1 We have refused to deliver your Goods; or
6.5.2 In light of all relevant circumstances, delivery within that time period was essential; or
6.5.3 You told us when ordering the Goods that delivery within that time period was essential.
6.6 If you do not wish to cancel under sub-Clause 6.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
6.7 You may cancel all or part of your Order under sub-Clauses 6.3 or 6.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
6.8 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once we have delivered the Goods to the address including, where relevant, any alternative address you have provided.
6.9 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
6.10 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.
7. FAULTY, DAMAGED OR INCORRECT GOODS
7.1 If you are a consumer, it is a legal duty for us to supply the goods which are in conformity with the terms of the Contract. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us at firstname.lastname@example.org as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a return, replacement or refund.
8. CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND
8.1 If you are a consumer in the European Union, you have a legal right to cancel the Contract for any reason within 14 days after you received all your order (or someone you nominate receives). This period begins once your Order is complete and we have sent you your Dispatch Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Dispatch Confirmation.
8.2 If you wish to cancel a Contract after you received your order or the order has been dispatched.
8.2.1 You must send the order to us within 14 days, informing us that you wish to cancel the Contract.
8.2.2 Please note that you will be refunded the purchase price of the Goods using the same payment method that you used when ordering the Goods within 14 days after we received the return back from you and inspect the product, but not the cost of return and delivery.
8.2.3 Please note that items must be returned unworn, in a saleable condition, undamaged and unused, with all tags attached and the original packaging included, footwear must be returned with the original branded boxes and dust bags. When you try on the shoe or product, please take extra care not to mark the shoe or product, soles or damage the product packaging / shoe box.
8.2.4 We reserve the right to refuse an exchange or refund if have not followed the above instructions under Clause 8.2.3.
9. OUR LIABILITY TO CONSUMERS
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
9.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10. EVENTS OUTSIDE OF OUR CONTROL
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, adverse weather, Event Outside Our Control affects our delivery of Products to you,or any other event that is beyond Our reasonable control.
10.2 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary, however, if you wish to cancel your order please contact us at email@example.com.
11. COMPLAINTS AND FEEDBACK
11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
11.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
In writing, Watney Shoes, 19 Watney Market, London, E1 2PP.
By email, addressed to Complaint at firstname.lastname@example.org.
12. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
13. OTHER IMPORTANT TERMS
13.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
13.2 You may transfer (assign) the benefit to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift).
13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
13.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
14. LAW AND JURISDICTION
14.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
14.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
14.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.