CONSUMER TERMS AND CONDITIONS

Straight Plc - July 2006

This is a legally binding document and You should read it carefully before making your order. If We accept your order You will be bound by these Terms and Conditions. Please make sure that they do not contain anything that You are not prepared to agree to. If You are uncertain as to the meaning of any part of this document or your rights under these Terms and Conditions, or want any explanation of them, please contact Us at the address set out below.

1               DEFINITIONS

In these Terms and Conditions the following words will have the following special meanings:

"Agreement" means any contract between You and Us for the sale and purchase of goods;

"Goods" meansany goods to be supplied to You by Us on the terms set out below;

"Us", "We" or "the Company" means Straight Plc (Company No. 2923140) of 31 Eastgate, Leeds, LS2 7LY, England, and any wholly owned subsidiary of Straight plc; and

"You" or "the Customer" means You, the Customer, whose details are set out in the Order.

2               making an order

2.1                    You can place an order for Goods (an "Order") by:

2.1.1              completing the electronic order form on our website; or

2.1.2              completing a hard copy order form (available inside our catalogue or on other published literature) and sending it to Us by post at Freepost LS6334, Leeds LS14 1YY or fax on 0845 130 60 91; or

2.1.3              by calling 0845 658 5588 or the specific telephone number printed on the promotional literature.

2.2                    When We receive your Order We will send You a written acknowledgement of receipt (either by email or post). This will set out the following details:

2.2.1              a description of the Goods ordered;

2.2.2              confirmation of the price of the Goods and applicable delivery costs;

2.2.3              confirmation on how to pay (if You have not already done so);

2.2.4              details as to when and how to expect delivery;

2.2.5              your right to cancel your Order;

2.2.6              the method for return of Goods; and

2.2.7              any applicable after sales guarantees or warranties.

2.3                    Your Order will be accepted by Us when We send out the written acknowledgement of receipt of your order (either by email or post).  Our acceptance of your Order will create a legally binding contract between us, subject to these Terms and Conditions.

2.4                    Goods are subject to availability and We reserve the right to refuse to accept any Order for any reason. In the event that We are unable or unwilling to supply the Goods We will inform You as soon as possible and, where You have already paid, give You a full refund.

2.5                    The price You pay for the Goods is the price displayed on our current promotional literature, catalogue or website at the time We receive your Order, plus any applicable delivery charges (see section 5 below). Whilst We try to ensure that the prices set out in all our promotional literature are correct, errors can occur. If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of reconfirming your Order at the correct price, or alternatively of cancelling your Order. If We are unable to contact You, We will treat the Order as cancelled. If You cancel your order and have already paid for the Goods, You will receive a full refund.

2.6                    If any Goods You order are not available, We will contact You to discuss how You wish to proceed. If We are unable to contact You We will use our discretion and either (i) send a substitute for the unavailable items(s) (which, if You wish, You can return and receive a full refund in accordance with our Money-Back Guarantee); or (ii) refund You the price of the unavailable item.

2.7                    All prices shown are in £ sterling and include VAT (where applicable) at the current rates, but exclude delivery charges unless expressly stated otherwise.

2.8                    Payment may be made by cheque or postal order or the following credit and debit cards; Visa, MasterCard, Maestro, Delta, Solo and Electron.

2.9                    When payment is made by cheque or postal order, the cheque or postal order must accompany the order form. On receipt We will bank the cheque or postal order immediately.

2.10                When payment is made by credit or debit card We will take your card details when the order is made, although your card will not be debited until after the Goods have been delivered.

2.11                In certain circumstances such as offers, campaigns, trial periods or the time of year, the payment may be taken at different times from that stated above. If the timing of the payment is to differ and you have ordered by telephone We will let you know at the time of your order. For all other methods of ordering, details of when payment will be taken will be available on our website and confirmed in the acknowledgment letter. Where a trial period applies an invoice will be sent to You for the Goods after the trial period ends.

3               description of goods

We cannot guarantee that the appearance and/or colour of Goods shown in our catalogue, promotional literature or on our website exactly reproduce the appearance and/or colour of the physical Goods themselves.  All sizes and measurements quoted are approximate.  

4               delivery

4.1                    Our delivery charges (where applicable) are set out in our promotional literature, catalogue or website. If delivery charges apply to your Order We will confirm the charges in your acknowledgement of receipt. We can normally only deliver to addresses in the mainland UK (excluding the Highlands of Scotland). For addresses in the Highlands of Scotland, the Channel Islands, Eire, Northern Ireland and other off-shore islands and other locations outside the UK, please contact Us on 0845 658 8866 before placing your Order.

4.2                    Please allow 14-28 days from the date of your Order for delivery of in-stock items. If the delivery period is likely to be longer than 30 days from the date of your Order We will notify You as soon as possible, and You will have the right to cancel your Order. If You exercise this right to cancel You will receive a full refund within 30 days of doing so.

4.3                    Delivery is made by Royal Mail or an appropriate parcel carrier on a non-signature basis to the delivery address provided by You. If specified We shall leave the Goods where requested at that address, except where delivery is made by Royal Mail, in which case their relevant delivery conditions will apply. We are therefore unable to arrange a time for delivery. 

4.4                    As soon as We deliver the Goods to You, You are responsible for their safekeeping. We will not be responsible for any damage or fault arising from incorrect storage or use.

4.5                    Ownership of the Goods shall pass to You when We have processed and received  full payment of all sums due in respect of the Goods, including any applicable delivery charges.

5               cancellation, returns and refunds

5.1                    We recommend that You keep your receipt or order number (which can be found on the acknowledgement of your Order, and on your delivery note) as You might need it as proof of purchase in the event of any after-sales queries. We also recommend that You check your Goods carefully before installing or using them.

5.2                    Money-Back Guarantee

5.2.1              You may cancel your Order for any reason before delivery or within 30 days after the date of delivery. The Goods must be unused, as new, in saleable condition and returned in their original packaging wherever possible. Please contact Us on 0845 658 8866 within 30 days of delivery and We will advise You how to return your Goods. Lines are open from 8:30am to 5:15pm, Monday – Friday. Please note that calls may be recorded for training purposes.

5.2.2              You will receive a full refund for Goods returned under our Money-Back Guarantee. At our discretion a £5 collection charge may apply.

5.3                    Faulty Goods

If any Goods You purchase are faulty, We may offer a repair, exchange or refund as appropriate. This does not affect your legal rights. Please contact Us on 0845 658 8866 within 30 days of delivery and We will advise You how to return your Goods. Lines are open from 8:30am to 5:15pm, Monday – Friday. Please note that calls may be recorded for training purposes.

 

6               liability

6.1                    Nothing in these conditions excludes or limits our liability to You for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law.

6.2                    We are responsible for losses You suffer as a result of Us breaching our obligations under the Agreement if the losses are a foreseeable consequence of Us breaching our obligations. Losses are foreseeable where they could be contemplated by both You and Us at the time the Agreement was entered into. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us, for example loss of profits, loss of use, loss of goodwill, loss of opportunity or any business loss.

6.3                    Subject to condition 6.1, our maximum liability (whether in contract, tort or otherwise) for loss or damage in respect of one incident or series of incidents attributable to the same cause shall be limited to a sum equal to the amount paid or payable by You for the Goods.

7               THIRD PARTY Products

7.1                    We may make available to You through our promotional literature, catalogue or website third parties products. Any such third party products are supplied by the relevant third party and subject to that third party's terms and conditions.

7.2                    At all times We will be acting as an introduction agent for any third party suppliers.  We do not warrant the accuracy of third party information about those products or warrant the quality or suitability of those products for your use.  We are not liable for the supply of any third party products.

7.3                    As agents for the third parties We will handle any of your enquiries in relation to third party products and issue any refunds.

7.4                    We may disclose your customer information related to that transaction to the third party seller.

8               direct marketing

8.1                    We would like to contact You from time to time, by post, telephone or email, with details of our other products and services which We think might be of interest to You. If You would prefer not to be included in such communications We will give you the option to notify Us of this in the relevant ordering process.  Alternatively, please email customercare@straight.co.uk, or telephone 0845 658 8866 or write to Straight plc, SeacroftEstate, Coal Road, Leeds, LS14 2AQ to let Us know.

9               general

9.1                    We may delay delivery, cancel the Agreement or reduce the volume of Goods ordered by You (without liability to You) if We are prevented from or delayed in carrying on our business due to circumstances beyond our reasonable control. 

9.2                    This contract is under English law and any disputes will be dealt with by the English Courts.

9.3                    If any words or phrases in this contract are in any particular circumstances held by a Court to be unfair, unreasonable or invalid, We agree that the Court can delete those words or phrases from this Agreement, and read the Agreement as if they had not been included in this first place.

9.4                    No variation of these Terms and Conditions shall be binding upon You or Us unless it is in writing and signed by both parties. Any such variation shall be particular to the circumstances and shall not be regarded as a general variation.

9.5                    Failure or delay by either You or Us in enforcing any provision of the Agreement will not be a waiver of any of your or our rights under the Agreement.

9.6                    Any waiver by You or Us of any breach or default by the other party will not be deemed a waiver of any subsequent breach or default.

9.7                    Each of your or our rights or remedies under this Agreement is without prejudice to any other of your or our rights or remedies.  

10           If you have any questions

If You have any questions about any of the above Terms and Conditions, please contact Us at:

Straight Plc

31 Eastgate

Leeds LS2 7LY England