TERMS AND CONDITIONS
i. “Buyer” means the individual or organisation who buys or agrees to buy goods from the Seller.
ii. “Consumer” means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
iii. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of goods incorporating these terms and conditions.
iv. “Goods” means the articles that the Buyer agrees to buy from the Seller.
v. “Seller” means Rainbow Brands Limited, 261 Green Lanes, Palmers Green, London, N13 4XE and owner of
vi. “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing between the Seller and the Buyer.
vii. “Website” is defined as www.rainbowbrands.co.uk.
i. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.
ii. These Terms and Conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
iii. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
iv. Any variation to these Terms and Conditions (including and special terms and conditions agreed between both Seller and Buyer) shall be inapplicable unless agreed in writing by the Seller.
v. Any complaints should be addressed to the Seller as stated in clause 1.v.
i. All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept and order for any reason.
ii. Where the goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until such time as the goods are available or cancel the order and receive a full refund within 30 days.
iii. When making an order through the website, the technical steps the Buyer needs to take to complete the order process are described in the order sections within the website and shopping cart.
4. Price & Payments
i. The price of the goods is clearly listed on the website. This pricing includes VAT @ 20% but excludes any delivery charges.
ii. The Total purchase price, including VAT and delivery charges will all be displayed in the shopping cart prior to any order confirmation.
iii. After the order has been received the Seller shall confirm by email the details of the order.
iv. Payment of the price plus VAT and delivery charges must be paid in full before despatch of any goods.
5. Rights to the Seller
i. The Seller reserves the right to periodically update pricing on the website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure the pricing is accurate at the point when the Buyer places their order.
ii. The Seller reserves the right to withdraw any goods from the website at any time.
iii. The Seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
The Seller warrants the goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer, all warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, the Buyer is satisfied as to the suitability of the goods for the Buyers purpose.
i. All goods delivered within the UK will normally take 2-3 working days of order acceptance. Every effort is made to ensure delivery is made within the estimated time. Orders received after 3pm will be despatched the following business day Monday-Friday.
ii. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In the event that a delivery cannot be made the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
iii. Delivery of the goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery. As a signature is required for proof of delivery it is the Buyer’s responsibility to ensure that they will be present at any address given to sign for the goods.
iv. Title and risk in the goods shall pass to the Buyer upon delivery of the goods.
8. Cancellation and return
i. The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller via email or telephone within 7 working days of the delivery if the goods are damaged or do not comply with any of the contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the goods.
ii. Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postage chargers if the goods are defective.
iii. If you are a consumer you have the right, in addition to your other rights to cancel the contract and receive a refund by informing the Seller by email or telephone within 14 days of receipt of the goods that you would like to cancel your contract.
iv. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive all monies paid for the goods except delivery charges and for the return postal charges within 30 days of cancellation. If the Buyer fails to return the goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the goods from the Buyer.
v. Goods returned must clearly show the order number obtained from the Seller on the package.
vi. Where the goods returned by the Buyer are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
vii. No refund will be offered for any goods damaged by the Buyer. Goods must be returned in an unused, factory packaged and in a resalable state. The Seller reserves the right to inspect the returned goods before any refund is issued. Should any of these conditions not be met the Seller shall not refund the goods.
9. Limitation of liability
i. Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
ii. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
i. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay and failure results from events or circumstances outside its reasonable controls, including but not limited to acts of god, acts of terror, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system breakdown, breakdown of plant or machinery or shortage or availability of raw materials and the Seller shall be entitled to a reasonable extension of its obligation.
If any term or provision of these Terms and conditions is held invalid, illegal or unenforceable for any reason by the court of competent jurisdiction such provision shall be served and the remainder of the provisions hereof shall continue in force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Changes to Terms & Conditions
The Seller shall be entitled to alter these Terms & Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer at the time of their purchase.
14. Intellectual Property & Copyright
The copyright of every page of the Website are owned by the Seller. Reproduction of any aspect of this site is strictly prohibited.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Company registration number: 10710195
Place of registration: United Kingdom
Registered office address: 261 Green Lanes Palmers Green London N13 4XE