Terms & Conditions
General Terms of Sale (September 2019)
This page (together with the documents referred to on it, tells you information about us and the terms and conditions (Terms) on which we supply any of the product(s) listed on our website to you (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these Terms.
These Terms and Conditions cover Smarterbuys Store (www.sbstore.org)
This website is owned and operated by The Smarterbuys Store Ltd. As a user of this website you acknowledge that any use of this website including any transactions you make is subject to these Terms. These Terms, and any Contract between us, are only in the English language.
- read through these terms and conditions carefully before ordering any products from this website;
- print a copy for future reference (if you are not able to print a copy we suggest you take a screenshot of them to save);
- if you are unsure of any area of the Terms and Conditions please call us on 0300 500 0975 and we will be happy to answer any queries;
- Please be aware that we intend to rely on these Terms.
You will not be able to process your order unless you click on the button marked “I Accept” or “I Agree” during the order process and signing of the e-signature. Please only do so if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time as we have the right to do.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it may apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)). Every time you wish to purchase products, please check these Terms to ensure you understand the terms which will apply from time to time.
By placing an order through our site, you warrant that
- you are contracting with us as a consumer and not for commercial purposes
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you are resident in the mainland UK; and
- you are accessing our site from mainland UK.
We are a charity registered with the Charity Commission number 1144676 and a company limited by guarantee registered in England and Wales under company number 07526461 and with our registered office at Craghead Village Hall, Middles Road, Craghead, Stanley, County Durham, DH9 6AN. We operate this site under the trading name Smarterbuys Store. Smarterbuys Store is regulated by the Financial Conduct Authority reference number FRN 713746.
We may need to disclose your personal information related to a transaction to a third party in order to arrange delivery and / or installation. We stress the importance of protecting your personal information to all of our third party suppliers or agents and insist this information is only used to fulfil the transaction.
The images of the Products on our site 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. The Products you buy may vary slightly from those images.
If you need to see a swatch of material prior to purchase please ask.
All Products shown on our site are subject to availability. We will inform you by e-mail or phone as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Contractual Terms and Conditions
TERMS AND CONDITIONS
1. MEANING OF WORDS AND PHRASES
In this Agreement:
(a) “Agreement” means this hire purchase agreement including the Front Page, Signature Page and these terms and conditions;
(b) “Failure” means any actual or apparent breakdown, deficiency (resulting in tears, rips or broken parts requiring repair), faulty working or failure of any of the Goods (other than Software) arising from a mechanical, structural or electrical fault;
(c) “Front Page” means the Front Page of this Agreement;
(d) “Goods” means the goods being hired under this Agreement (initially those shown in the Schedule of Goods or any replacement supplied by Us ), including any Software but excluding any items referred to as “promotional items”;
(e) ” lnsurance ” means having insurance cover for up to and including the value of the Goods for the duration of this Agreement;
(f) “Option Period” means the 7 day period from the date on which you complete your repayments or early settle the Agreement;
(g) “Relevant Claim” means any legal claim for breach of contract, negligence or misrepresentation which you may have against any Us or Smarterbuys Store Ltd Party (see below);
(h) “Signature Page” means the second page of this Agreement which you signed;
(i) “Software” means any software forming part of or supplied by us with the Goods;
(j) “Smarterbuys Store Party” means any insurer(s), employee(s) agent(s) or sub-contractor(s) against whom You may wish to make a claim in relation or arising from this Agreement;
(k) “Surplus Payment” means any overpayment made by you without first giving us notice in accordance with cl. 4(g) below;
(l) ”We” / ” Our”/ ” Us” means Smarterbuys Store Limited, its successors or any company, firm or person to whom our rights under this Agreement are assigned; and
(m) “You”/”Your” means the customer(s) named on the Front Page.
2. SAVE-AS-YOU-BUY SCHEME
It is a condition of Your entry into this Agreement that You sign up to the Save-As-You-Buy Scheme. The details and contractual terms governing the Save-As-You-Buy Scheme will be provided to you separately.
3. OWNERSHIP OF THE GOODS
(a) We will retain ownership of the Goods at all times (including where they have been affixed to any land or building) unless and until you exercise your option to purchase at clause 2(b) below. As We retain ownership of the goods You must inform Us if the location of the goods changes and You must give us the address of the premises where the Goods are located whenever they are moved.
(b) If you have made all payments set out at D on the Front Page of the Agreement or have otherwise made early repayment in full you will have the Option Period in which to either:
(i) Notify us in writing at The Smarterbuys Store, Craghead Village Hall, Middles Road, Craghead, Stanley, County Durham, DH9 6AN of your intention to purchase the goods. Upon receipt of the Option to Purchase we will transfer title of the Goods to you; or
(ii) Return the Goods to us undamaged and in good working order and repair (fair wear and tear excepted). You may be charged for the cost of fixing any damage to the Goods at the point of return which cannot be classified as fair wear and tear.
(a) lf you have not exercised your option under either i or ii above after completing all repayments by the end of the Option Period, we will assume that you wish to purchase the Goods and, in accordance with b) i will transfer title of the goods to you.
4. PAYMENTS BY YOU
(a) You must pay us the weekly instalments set out at D on the Front Page on or before the relevant payment date.
(b) lf You choose to pay an instalment before the relevant payment date and You do not give Us notice that You are making an early repayment under the procedure set out on the Front Page or notify us that this payment is to be treated as ‘ Surplus Payment ” (see clause 4( g ) below), W e will apply the payment to the balance outstanding and will treat it as a payment of a relevant future instalment although You will not benefit from any reduction in interest charged.
(c) You must make your payments by one of the following methods to be agreed between Us in advance (at Our discretion):
(i) In-person at any Pay Point;
(ii) by Direct Debit or standing order from your bank account; or
(iii) by a one off or recurring payment from a debit card in Your name or which You are authorised to use.
(d) At Our discretion, if You pay by direct debit You may change Your method of payment to pay by another method in c) above. We have the right to require such a change in payment method if a direct debit request is dishonoured at any time.
(e) You may request to alter the day of the week on which You make repayments to a date which is more convenient to You; if We agreed to do so that will not alter the amount You have to pay.
(f) You must pay any charges immediately. In the event that You do not they will be added to the outstanding balance under the Agreement and interest will be charged on them at the contractual rate specified on the Front Page.
(g) In the event that You make weekly payments and, without notice to Us, pay more than is required in any given week’s instalment:
(i) such overpayments will be treated as a Surplus Payment and will be applied by us as an early repayment or partial early repayment in accordance with the Front Page of this Agreement.
(ii) In the event that the Surplus Payment is greater than the sum necessary to complete Your payments under this Agreement, We will apply the monies to any other agreement(s) between Us. If there are no such agreements, we will attempt to contact you at your last known address to arrange a refund on successful completion of Our ID and account security checks.
5. LOOKING AFTER THE GOODS
(a) You must ensure that the Goods are:
(i) kept clean;
(ii) used carefully and properly in accordance with any manufacturer’s recommendations and instructions;
(iii) not used for any unauthorised commercial or business purpose; and
(iv) not damaged and kept in good working order and repair.
(b) You must keep the Goods in your possession unless and until ownership passes to You. You must not sell, charge, offer them as security or otherwise dispose of any of them.
(c) Subject to being allowed to take portable equipment from the address shown on the Front Page on a temporary basis, You must not move any of the Goods from the address shown on the Front Page without first getting Our written consent (which We will not withhold unreasonably ). lf We reasonably consider it appropriate, You must employ a technician to move the Goods.
6. REPAIR AND REPLACEMENT
(a) You will have the benefit of any guarantees or similar rights which We have in respect of the Goods.
(b) You must not allow anyone except a qualified technician to try to repair any of the Goods or to examine them in such a way as requires them to be dismantled in whole or in part.
(c) In the event that the Goods suffer a Failure:
(i) You must notify Our Customer Services Department, the details of which are on the Front Page, or such third party as we may specify, within a reasonable period.
(ii) If We reasonably deem it necessary to do so, You must allow Our nominated technicians, employees and agents to access to the Goods at all reasonable times for the purpose of repair, adjustment, inspection or removal.
(d) We may, at our election, remove the Goods that have suffered a Failure for further examination and repair and may replace the Goods on a temporary basis with similar Goods. We may then return the Goods following repair and remove those that We provided on a temporary basis.
(e) If, during the term of any manufacturer’s warranty , any of the Goods suffer a Failure and We deem it uneconomical or impractical to repair, We will provide you with a replacement of an equivalent age, condition and general specification or better within a reasonable period, provided that
(i) you inform us of that in accordance with clause 6(c);
(ii) you are not in breach of this Agreement; and
(iii) the Failure is not due to transit damage caused by You, defective electrical supply, theft, fire, flood, accidental damage, wilful act, neglect or misuse of any of the Goods.
An example of impracticality would be if spare parts to carry out the repairs are no longer available.
(f) lf replacement Goods are provided by us under clause 6(e):
(i) this Agreement will continue to apply to the replacement Goods;
(ii) the Goods they replace are our property and, if they are in your possession, you must allow us to collect them.
(g) Following repair or replacement of Goods which have suffered a Failure you must continue to pay your instalments in full. We will give you credit for any instalments due during any period when we were unable to provide a replacement or a temporary replacement within a reasonable period.
(h) Nothing in this clause affects your statutory rights.
7. NO WARRANTY AS TO RECEPTION
Any satellite or television receiving equipment subject to this Agreement is not warranted to receive transmissions other than those which it can receive at the time of installation.
8. THEFT, FIRE OR ACCIDENT
(a) It is a condition of Your entry into this Agreement that You have adequate Insurance against the risk of fire, theft and accidental damage.
(b) You must be able to provide proof of such cover if We request it. If You cannot provide proof of such cover it may delay Your delivery.
(c) If You do not have adequate cover, We may be able to help you source a suitable policy.
9. YOUR OTHER RESPONSIBILITIES
(a) You will be responsible for the supply and fitting of all replacement consumables, for example batteries in remote control units and ink cartridges in printers.
(b) Unless such claims or losses arise from our or our agents’ negligence or from the Goods being not of satisfactory quality when supplied to You, You shall be responsible for any reasonable losses, expenses or other costs incurred by us as a result of:
(i) any loss or damage resulting from inappropriate use of the Goods by themselves or in conjunction with any other equipment;
(ii) any claims made against Us by any third party arising out of the state, condition or use of the Goods; and
(iii) any claims made against Us by any third party in respect of any damage caused to land or building by affixing to or removal of the Goods from it (whether we or you affix or remove them).
(c) You must obtain and keep up to date any television licence, or any other licence, permission, consent or subscription required by any other person in respect of Your use of the Goods. This includes any approval for the installation of the Goods, which You may need from the landlord or land owner of Your premises. It also includes permission from any relevant copyright owner. We shall not be responsible for any matter arising from Your failure to obtain relevant authorisations required.
10. ENDING THIS AGREEMENT
(a) Subject to service on You of any notice required in law, We may end this Agreement at any time if:
(i) You fail to make your contractually required repayments either on time or at all;
(ii) Any of the Goods is or becomes subject to any distress, execution or other legal process;
(iii) You become bankrupt or apparently insolvent;
(iv) We have reasonable belief that any of the Goods or Our interest in them is in jeopardy;
(v) You have given any misleading or incorrect information in connection with Your agreement; or
(vi) You breach any other term of this Agreement.
(b) We are also entitled to terminate this Agreement at any time on not less than 7 days’ written notice in accordance with section 98 of the Consumer Credit Act 1974.
(c) You have a right to end this Agreement on written notice as explained on the Front Page.
11. WHAT HAPPENS WHEN THIS AGREEMENT ENDS
(a) If this agreement is terminated in accordance with clause 10 above:
(i) You must pay Us the outstanding balance under the Agreement (including any arrears owing as at the time of termination) less any applicable rebate to which you are entitled under the Consumer Credit Act 1974;
(ii) in the event that termination occurs because of breach of contract by You, any further sum due by way of damages for Your breach;
(iii) compensation for any loss or damage incurred by Us as a result of the condition of the Goods (subject to fair wear and tear), including the reasonable cost of any repairs to the Goods, or the loss of the Goods , if they are not returned or cannot be repossessed.
(b) If, following termination, the goods are returned to us and can be re-sold, any net price obtained for them will be off-set against the outstanding balance due under clause 11(1)(a).
(c) If, following termination of the Agreement either by Us or by You, any Surplus Payment held by Us pursuant to clause 4(g) above will be used to reduce the amount due to Us under clause 11(a). We will then attempt to return any remaining Surplus Payment to You in accordance with clause 4(g)(ii), above.
12. IF YOU HAVE A CLAIM
(a) We hold the benefit of this clause on trust for any Smarterbuys Store Party so they may rely on it even though they are not party to this Agreement.
(b) You should contact Our Customer Services Department, the details of which are set out on the Front Page, as soon as reasonably possible if You have or might have a Relevant Claim.
(c) As soon as You become aware that You have or might have a Relevant Claim, You must take all reasonable steps to minimise Your loss.
(d) No liability will be accepted for losses that were not foreseeable to You and Us or the Smarterbuys Store Party , or for losses not caused by any act or omission of the applicable Smarterbuys Store Party.
(e) If you are buying the Goods for business purposes, then the maximum amount of any Relevant Claim shall be £1,000 or, if higher, Our cash price for the Goods.
(f) lf this is a consumer transaction, then nothing in this Agreement shall limit or effect Your statutory rights.
(g) Nothing in this clause shall limit or exclude Our liability or that of a Smarterbuys Store Party to You for death or personal injury.
(a) Any relaxation of Our legal rights under this Agreement does not constitute a waiver or concession on Our part and shall not prevent Us from strictly relying upon them at a later date.
(b) You may not assign or try to assign or transfer any of Your rights or responsibilities under this Agreement.
(c) We may assign or transfer this Agreement or any of Our rights under this Agreement to any company, firm or person at any time without Your consent. Your rights under this Agreement will not be affected by any such assignment or transfer by Us.
(d) We may vary any of the terms of this Agreement on 7 days’ written notice to you provided that the variation does not affect the amount of your weekly repayment, how much you have to pay, your Option to Purchase or any of your rights given to you by legislation.
(e) The Front Page, Signature Page and these terms and conditions constitute the whole agreement between the parties.
(f) In the event that any clause of this Agreement is found to be invalid, illegal or otherwise unenforceable, the validity and enforceability of the remainder of the Agreement shall survive unaffected.
(g) This Agreement shall be governed by English law unless Your
(h) address shown on the Front Page is in Scotland, in which case Scottish law shall apply.
IMPORTANT: USE OF YOUR INFORMATION
In considering whether to enter into this Agreement we will search your record at credit reference agencies. They will add, to their records about you, details of our search and your application and this will be seen by other organisations that make searches. This and other information about you and those with whom you are linked financially may be used to make credit decisions about you and those with whom you are financially linked.
We may use a credit scoring or other automated decision making system.
We may also add to your record with the credit reference agencies details of your Agreement with us, any payments you make under it and any default or failure to keep to its terms. These records will be shared with other organisations and may be used and searched by us and them to:
(i) consider applications for credit and credit related services, such as insurance, for you and for any associated persons; and
(j) trace debtors, recover debts, prevent or detect money laundering and fraud, and to manage your account(s).
It is important that you provide us with accurate information. We may check your details with fraud prevention agencies and ii you provide false or inaccurate information, or we suspect fraud, this information may be recorded. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example when: Checking details on applications for credit and credit related accounts or facilities; Managing credit and credit related accounts or facilities; recovering debt; Checking details on proposals and claims for all types of insurance; Checking details of job applicants and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
You hereby consent to Our use of Your personal information about you which we acquire in connection with any application you make to us, or any agreement you enter into with us, to manage your Agreement and for statistical or market research purposes. lf we transfer, charge or assign, or agree to transfer or assign, our rights under your Agreement or in respect of the Goods to a third party or if we employ a third party to manage any aspect of your Agreement, we will pass relevant information about you to them. Where you have made arrangements with a third party for the provision or maintenance or insurance in respect of goods hired, or to be hired, from us, we may disclose to that third party any information about you that is relevant to those arrangements . We may also use your personal data to improve (i) our services to our customers and (ii) our internal business processes and systems. This may involve transferring data to carefully selected third parties who may (or may not) be located outside Europe. These third parties will analyse and perform testing on your personal data (together with data relating to other customers in accordance with our instructions). Your personal data will never be used for purpose outside the scope of our instructions and will always be held safely and securely.
Please telephone 0300 500 0975 if you want to have details of the credit reference agencies or any other agencies from whom we obtain, and to whom we pass, information about you. You have a legal right to these details. You have a right to receive a copy of the information we hold about you. A fee may be payable.
USE OF ASSOCIATED RECORDS
Before entering into this Agreement we may search records at credit reference agencies, which may be link ed to your spouse/partner, or other persons with whom you are linked financially. For the purposes of any application or this Agreement you may be treated as financially l inked and you will be assessed with reference to “associated records”.
Where any search or application is completed or agreement entered into involving joint parties, you both consent to us recording details at credit reference agencies. As a result an “association” will be created which will link your financial records and your associate’s information may be taken int o account when a future search is made by us or another lender unless you file a “disassociation” at the credit reference agency.
RECORDING OF TELEPHONE CALLS
We may record any telephone calls to assist in managing your account, to avoid future disputes and for training purposes. We will no record details from debit or credit cards.
We may use your address, email or phone numbers to contact you about our latest offers on our goods in line with your stated preferences within your application and registration details.
The Smarterbuys Store website is owned and operated by:
The Smarterbuys Store Ltd
Craghead Village Hall
Registered in England with Company Number 07526461
VAT Number 123556036
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Smarterbuys website, please see the ‘How does it work’ section for more information and full contact details.
Ordering Process– General Information about how the Contract is formed between you and us
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us to ensure we can check all stock availability and pricing. All orders that you place on this website will be subject to these Terms.
The checkout process sets out the final details of your order. 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. By confirming your order you are agreeing to make payment for the Products either in full or using affordable credit using one of the accepted methods direct debit, continuous payment authority from a debit card, standing order, or swipe card for use at Pay Points.
Acceptance of your order
If you are approved for affordable credit for your order you will be asked to complete an e-signature contract sent to you via your email account stated on your application. This e-signature is your Hire Purchase Contract with Smarterbuys Store. On completion of the e-signature Contract Smarterbuys Store will contact you to arrange delivery of your product or advise of the likely delivery timescale, particularly for made to order furniture, and will also set up your preferred payment method.
If you choose to pay the “Cash Price” in full as soon as payment is received Smarterbuys Store will arrange delivery of the product with you, except in the case of made to order furniture where a likely delivery timescale will be given and the Supplier will contact you to arrange delivery.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail or phone and we will offer an alternative product. If you prefer not to order then any monies paid will be immediately returned.
All pricing is shown in pounds sterling (£) and includes VAT (where applicable) at the applicable current rates. All of our pricing is compliant with Financial Conduct Authority regulations and is set out as clear, fair and not misleading..2.
Our site may contain a large number of products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
All Smarterbuys prices are inclusive of delivery. There will be no additional charges for delivery unless otherwise stated.
Delivery is made by our suppliers or couriers at a time arranged with you directly.
This website is only for delivery of products in mainland UK addresses only. At this time we cannot deliver to:
- Northern Ireland
- Scottish Highlands
- The Channel Islands
- Isle of Man
- Scottish Islands
- PO Box Addresses
- BritishForces Post Office
- The Republic of Ireland
- Anywhere outside of the United Kingdom
If you require delivery to any of these areas you should contact us directly on the contact detail below, before making your order to discuss available options and delivery charges.
Products must be signed for on delivery.
Delivery will be completed when we deliver the Products to the address you gave us.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or a storage premises, in which case, please contact us to rearrange delivery. There may be a redelivery charge if the failure to deliver is as a result of you not being available at the agreed date to accept delivery.
Please note that many of the Products available for purchase on the website require delivery to a chosen room and some require installation. Where this is the case it is necessary for someone over the age of 18 to be available to accept delivery that is over the age of 18. We reserve the right to delay delivery if there is no one appropriate to accept delivery and this may be considered a failure on your part and you may be charged for an additional delivery
The Products will be your responsibility from the completion of delivery.
You will own the Products only when we have received your final payment, including all other charges.
Returns and cancellations – Consumer Rights
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8.3. This means that during the first 14 days following receipt of the goods if you change your mind or for any reason and you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
- any made-to-measure or custom-made products or products made to your specification or clearly personalised;
- newspapers, periodicals or magazines;
- perishable goods, such as food, drink or fresh flowers;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a Contract starts from the date the goods are dispatched to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day after the day you receive the Products.
You will receive a full refund of the price you paid for the Products you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please carry on reading.
We refund you on the card used by you to pay.
If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Products are faulty or not as described, 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. We charge up to £100 for collection of all items.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office
To cancel a Contract, you must inform us in writing. Please always quote your order number for the product(s) regarding any return/cancellation you wish to make. You may cancel using the following methods:
Email to firstname.lastname@example.org;
By post in writing to Smarterbuys Store Customer Services, Craghead Village Hall, Middles Road, Craghead, Stanley, County Durham, DH9 6AN
You have a legal obligation to take reasonable care of the Products until return/collection has taken place. Failure to do so may lead to a claim against you for the cost of the damage caused. Products must be returned unused, in their original undamaged packaging, and in a saleable condition. Where items of furniture or mattresses are purchased we strongly recommend that any protective covering and safety notices are left in tact and on the Products until you have decided to keep the Products. If items are supplied in protective wrapping or with hygiene seals or coverings we advise that these are not removed until you have decided to keep the product as failure to do so may mean you have not complied with your duty to take reasonable care of the Products. If you are in any doubt you may wish to contact Smarterbuys for guidance.
Returns – faulty product(s)
We recommend that where possible you take photographs or retain evidence of the fault as this will assist us in dealing with your return quickly.
If your Products are found to be faulty within 30 days of delivery, you must inform Smarterbuys Store in writing via the website or by email to email@example.com .
If your Products are found to be faulty within 30 days of delivery, Smarterbuys will arrange for a replacement Products and remove the faulty Products or Smarterbuys will provide you with a full refund and collect the faulty Products.
If your Products are found to be faulty after the 30 day period up to 6 months of the delivery date of the Products, Smarterbuys will arrange for the repair or replacement of your Products. This does not apply to general wear and tear or misuse of the Products.
If your Products are found to be faulty after the 6 month period from the delivery date, some Products come with a manufacturer or supplier’s guarantee and you should refer to this guarantee to check your rights.
his does not affect your statutory rights as a consumer. If you require further advice on statutory rights we suggest you speak with a solicitor, local trading standards officer or Citizens Advice Bureau.
Our liability to a consumer
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions 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 this Contract.
We only supply the Products for domestic and private use. You agree not to use the Product 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.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
- defective products under the Consumer Protection Act 1987; and
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Where Products come with the benefit of a manufacturer or suppliers warranty your rights under that warranty are not affected by these terms and conditions. You should refer to the terms of any manufacturers guarantee for further details. As a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office
Transfer of rights and obligations if you are a consumer
We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
You may only transfer your rights and obligations under this Contract if we agree to this in writing.
Events outside our control
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- 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;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Our contract with you
If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
Law and jurisdiction
Contracts for the purchase of product(s) through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
The Smarterbuys Store website is owned and operated by:
Smarterbuys Store Ltd
Craghead Village Hall
Registered with the Charity Commission number 1144676
Registered in England with Company Number 07526461
VAT Number 123556036
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Smarterbuys Store website, please see the ‘How Does it Work’ section for more information and full contact details.
- print a copy for future reference.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
Contracts for the supply of goods formed through this website or as a result of visits made by you are governed by our General Terms of Sale and the Deal Specific Terms and Conditions. When you use Smarterbuys Store services please read the additional information provided with regards to the individual Supplier as this information will provide you with full details on their services including delivery.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period.
All sizes and measurements stated on the Smarterbuys Store website, are approximate but we do try to make sure that they are as accurate as possible.
Commentary and other materials posted on this website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this website, or by anyone who may be informed of any of its contents.
We aim to update this website regularly, and may change the content at any time. If the need arises, we may suspend access to this website, or close it indefinitely. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You must not use any part of the materials on this website for commercial purposes without obtaining a licence to do so from us or our licensors.
You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
We will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance.
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
- grant Smarterbuys Store and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Smarterbuys Store and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Smarterbuys Store, including the execution of deeds and documents, at the request of Smarterbuys Store.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Smarterbuys Store: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Smarterbuys Store policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Smarterbuys Store and its affiliates for all claims brought by a third party against Smarterbuys Store or its affiliates arising out of or in connection with a breach of any of these warranties.
The Smarterbuys Store website is owned and operated by:
The Smarterbuys Store Ltd
Craghead Village Hall
Registered with the Charity Commission number 1144676
Registered in England with Company Number 07526461
VAT Number 123556036
If you have any questions regarding the Smarterbuys Store website, please see the ‘How does it work’ section for more information and full contact details.