Consumer Conditions of Sale
1 THESE TERMS
1.1 These are the terms and conditions on which we supply our products to you where you are a consumer (i.e. you are buying products from us for your personal use) and your order is placed on our website.
1.2 These terms will apply and will be legally binding on you. Please read these terms carefully before you submit your order to us. We also recommend that you print a copy of these terms for future reference.
1.3 Nothing in these terms will affect your legal rights. Detailed information on your legal rights is available from the Citizens Advice website: www.adviceguide.org.uk.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Original Factory Shop Ltd, a company registered in England and Wales. Our company registration number is 4176887 and our registered office is at Orient Business Park, Billington Road, Burnley, Lancashire, BB11 5UB.
2.2 How to contact us. You can contact us at www.tofs.com/pages/contact-us or by emailing us at firstname.lastname@example.org or writing to us at Orient Business Park, Billington Road, Burnley, Lancashire, BB11 5UB. We encourage you to contact us if you have any questions or wish to confirm your understanding of these terms.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or, if earlier, the time we dispatch the products for delivery or confirm the products are available for collection, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and, if we have already taken payment, we will refund the charges in full. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to deliver to your preferred delivery address or meet a delivery or collection deadline you have specified.
3.3 We generally only sell and deliver to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK. Special delivery charges may apply for delivery to the Channel Isles or Scottish Isles, Northern Ireland and Scottish borders.
4 OUR PRODUCTS
4.1 Products may vary slightly from the information provided on our website or in our marketing materials. Any information, such as images, sizing, weights, dimensions and specifications, on our website or included in our catalogues and other marketing material is included as a guide only. Your product may vary slightly from the information provided. If any of the information provided is particularly important to you, we recommend that you contact us to confirm the information prior to placing your order.
4.2 Product packaging may vary. The packaging of the product supplied to you may vary from that shown in images of our products.
4.3 Electrical and electronic equipment. Where we supply products to you that are Electrical and Electronic Equipment (EEE), we are obligated under the Waste Electrical and Electronic Equipment Regulations (the WEEE Regulations). The WEEE Regulations were implemented to reduce the amount of electronic waste being sent to landfill. Under this legislation old electrical items must not be disposed of with standard waste, but should be taken to a central point for recycling. To remind you that old electrical equipment can be recycled, it is marked with a crossed out wheeled bin symbol. More information about the WEEE Regulations can be found at www.gov.uk/electrical-and-electronic-equipment-eee-producer-responsibility. We are a registered member of Valpak. Our WEEE registration number is 500980. In accordance with the WEEE Regulations, our EEE products are marked with the crossed out wheeled bin symbol and we finance the recovery and recycling of WEEE when it reaches the end of its life.
5 PROVIDING THE PRODUCTS
5.1 How we will provide the products. During the order process, the products which are ‘online only’ will be delivered to you, whilst the products available through our ‘Reserve and Collect’ scheme will be for collection from the selected store.
5.2 Delivery and any other supplemental costs. If you place an order for delivery on our website, the costs of delivery and any other supplemental costs will be as displayed to you on our website.
5.3 When we will provide the products. During the order process, we will keep you updated as to when we will provide the products to you. Unless you select a specific delivery or collection date, we will initially provide you with an estimated delivery or collection date when we accept your order and we will then contact you to update that estimate when the products are ready for delivery or collection. Unless we agree with you otherwise, the date for collection will be within 30 days after the day on which we accept your order. If we are unable to deliver the products or make the products available for collection within 30 days of the date on which you accept your order, we will notify you of this and, unless you agree to extend the time for delivery or collection, you may end the contract and we will refund in full any charges you have paid for the products not delivered or collected.
5.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received. Examples of events that are outside our control include acts of God, floods, drought or other natural disasters; outbreaks of a virus, disease or other severe illness; terrorist attacks; collapse of buildings, fire or explosions; any labour or trade disputes, strikes or industrial action; or non-performance by our suppliers (where those suppliers are not one of our group companies).
5.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will try to leave your product at a safe place or deliver it to a neighbour. If this is not possible, we will attempt to re-deliver at a later date.
5.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, where you ask us to deliver a product to you, we will need the address of the delivery location. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.7 Reserve and Collect. If you have ordered products via the ‘Reserve and Collect’ scheme, we will send you an email to confirm when your order is in store and ready to collect. You can only collect products from one of our participating Reserve and Collect stores.
(a) When to collect. Once it has been confirmed that your ‘Reserve and Collect’ order is ready to collect, you can collect your order at any time during the day, according to the store opening hours. If your order is not collected within 3 days of us confirming that your order is ready to collect, we will assume it is unwanted, end the contract and clause 9.2 will apply.
(b) How to collect. When collecting your ‘Reserve and Collect’ order, you must bring your confirmation email. If you do not have this, you will not be able to collect your order.
(c) Collection by someone else. If you would like someone else to collect your ‘Reserve and Collect’ order on your behalf, they will need to bring your confirmation email and either proof of your identity or identification with the same surname as yours.
5.8 When you become responsible for the products. Any product we sell to you will be your responsibility from the time we deliver the product to the address you gave us (this includes when products are delivered to a safe place or to a neighbour if you are not in at the time of delivery) or, for ‘Reserve and Collect’ orders, the time you collect the product from us.
5.9 When you own the products. In spite of the fact that you may have become responsible for the product in accordance with clause 5.11 above, you will only own that product once we have received payment in full.
6 SUSPENDING THE SUPPLY OF PRODUCTS
6.1 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
(a) to deal with technical problems or make minor technical changes;
(b) to ensure the safety of our customers or our employees where we have reason to believe that supplying the product to you may put you, our employees or any third party’s safety at risk;
(c) where, upon delivery, the driver deems the delivery location to be unsuitable; or
(d) to update the product to reflect changes in relevant laws and regulatory requirements.
6.2 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency (such as the delivery location not being suitable for our driver to unload the products), in which case we may not be able to tell you in advance. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7 YOUR RIGHTS TO END THE CONTRACT
7.1 Ending your contract with us. You will have rights to end the contract in certain circumstances. In particular, you will be able to end the contract:
(a) If the product you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided but have been paid for. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) we are unable to deliver the product to your preferred delivery location and we have been unable to agree an alternative method or location for delivery;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for any of the reasons set out in clause 6.1 above (or notified you we are going to suspend them); or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. This 14-day period is known as the “cooling-off period”.
7.4 How long do I have to change my mind? The exact date on which the cooling-off period starts and ends depends on what you have ordered and how it is delivered or collected. If the product you have purchased is subject to a cooling-off period, in most cases, the 14-day period will start on the day you (or someone you nominate) receive the products. However, if your products are split into several deliveries or collections over different days, the 14-day period will start on the day you (or someone you nominate) receive the last product.
7.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any products which become mixed inseparably with other items after their delivery or collection;
(b) sealed products, including for safety, hygiene or other legal reasons, once it has been unsealed after you receive it;
(c) quickly perishable products, including food or beverage items; and/or
(d) any other similar products which by reason of their nature cannot be returned.
8 HOW TO END THE CONTRACT WITH US
8.1 Tell us you want to end the contract. Where you wish to exercise a right to end your contract with us in accordance with these terms or your legal rights, please let us know through the ‘contact us’ form at www.tofs.com/pages/contact-us. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address. If you wish to do so, you can end the contract by sending us a completed version of the model cancellation form that we have included at the end of these terms. However, using this form is not obligatory.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. For ‘Reserve and Collect’ orders only, you must return the products to a store with a valid receipt or proof of purchase. For ’online only’ orders, please visit https://www.tofs.com/a/returns and fill in the form to request a return and receive your shipping instructions, if applicable. If you are exercising your right to change your mind, you must send off the products within 14 days of telling us you wish to end the contract and the products should be returned unopened, in their original condition and packaging. We reserve the right to make any deductions from the refund amount if there is any indication that the product has been unnecessarily handled, as explained at clause 8.5(a) below.
8.3 When we will pay the costs of return. We will pay the costs of return in all instances.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment. However, we may make certain deductions, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind during the cooling-off period:
(a) We may reduce your refund of the price (excluding any delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the products and we later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 7-10 days at one cost but you choose to have the product delivered within 48 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days from 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 8.2.
9 OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a delivery address where our contract states that we will deliver the products to you;
(b) you do not, within a reasonable time, allow us to deliver the products to you; or
(c) you do not collect the products from us within the time period set out in clause 5.7a.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10 IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us via www.tofs.com/pages/contact-us or using the contact details provided in clause 2.2. If a fault with the product occurs during the guarantee period, then we will replace the product or, in some cases, offer you a refund. The guarantee period for electrical products is 12 months from the date of delivery. The guarantee period for unopened products with an end or expiry date is the period from the date of delivery until such end or expiry date.
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because they are faulty or misdescribed, you must for ’online only’ orders visit https://www.tofs.com/a/returns and fill in the form to request a return, or for ‘Reserve and Collect’ orders return the product to a store with a valid receipt or proof of purchase.
11 PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages of our website. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the product's correct price at your order date is higher than the price stated to you, we will contact you to give you the option of continuing to purchase the product at the correct price or cancelling your order before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
11.4 When you must pay and how you must pay. We accept payment online for ’online only’ orders by standard credit or debit cards. We are unable to accept gift cards or vouchers for ‘online only’ orders, these include The Original Factory Shop, Love 2 Shop or One4all. Unless otherwise agreed with you, we will take payment for your order from your credit or debit card at the time you place your order. If we subsequently reject your order for any of the reasons permitted by these terms, or we cannot supply any product for any reason, we will credit your credit or debit card with a full refund.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know via www.tofs.com/pages/contact-us or using the contact details provided in clause 2.2.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy Notice at https://www.tofs.com/pages/privacy-notice.
14 OTHER IMPORTANT TERMS
14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will do our best to ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. We encourage you to contact us with any issues or complaints in the first instance by contacting us using the contract details in clause 2.2. We will try to resolve any disputes as quickly and efficiently as possible. However, if you are not happy with have handled a dispute, please let us know and we will provide you with information about our alternative dispute resolution provider.
Model Cancellation Form (see clause 8.1)
(Complete and return this form only if you wish to withdraw from the contract)
To The Original Factory Shop
Orient Business Park, Billington Road, Burnley, Lancashire, BB11 5UB.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
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