TERMS OF SALE
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“product” or “products”) listed on our website www.smart2ergo.com.
Please read these Terms of Sale carefully before ordering any products from our site. These Terms of Sale tell you who we are, how we will provide products to you, how you and we may end the contract, what to do if there is a problem and other important information. Accessing the www.smart2ergo.com website means that you automatically agreed to these terms and conditions. If you do not agree to these Terms of Sale you must not order any product through our site.
1. ABOUT US
1.1 Smart2Ergo and our website www.smart2ergo.com is a brand and website operated by KSF Supply Ltd (“we”, “our”, “us”). KSF Supply Ltd is a member of the KSF Group. KSF Supply Ltd are registered in the U.K. under company number 77885384. Our registered office is at Hamilton Office Park, 5 High View Close, Leicester. LE4 9LJ. Our VAT number is 228657087.
2. ORDERING PRODUCTS
2.1 Any transaction you enter with us through our website is entered into with KSF Supply Ltd. Information you provide to us either on the www.smart2ergo.com website, by e-mail or through any other means of communication is held by KSF Supply Ltd.
2.2 You can place orders for products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the products in that order if we accept your order.
2.3 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 stage of the order process.
2.4 All orders are subject to acceptance by us. The acceptance of your order will be deemed to occur upon allocation of the products to your order. The completion of the contract between you and us will occur when the order is despatched, unless you cancel the order - in accordance with our terms. We will charge your chosen payment method after we accept your order
2.5 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the products to us in accordance with our Returns Policy.
2.6 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the products ordered will pass freely into your building, room of choice, they fit in that room, can be transported through the door of your building, home or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.7 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the products.
3.1 All orders for products are subject to the availability of those products and the materials for making the products. We will inform you as soon as possible after receiving your order if, for any reason, the products you have ordered are not available or are subject to any delay.
3.2 We will try to contact you at the email or phone number you gave us when placing your order. If we cannot contact you, or receive no response to our email or phone call we will continue to process the remaining items on your order
3.2 If we are unable to supply you with a product at all, for example, because the product or supplier is out of stock or because of an error in the price we will inform you of this by email and we will not process your order.
4. IMAGES, DESCRIPTION AND SIZING OF PRODUCTS
4.1 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 will display the colours accurately or reflect the colour of the products. The products that are delivered to you may vary slightly from those images.
4.2 We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place your order.
4.3 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the products and set out as part of the total amount due during the order process.
5.4 Whilst we take every precaution to ensure that details on the site are correct, it is always possible that some of the products listed on our site may be incorrectly priced, described or visualised, despite our reasonable efforts.
5.5 We will normally verify prices as part of our order-handling procedure 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 the 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 of the rejection.
5.6 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each product on our site. Please note that delivery timescales are estimates. You can find out more about our product delivery by reading the information on the Delivery page of our site.
7.2 Please note that our standard delivery charges apply to deliver to mainland addresses in the United Kingdom and with supplements to Highlands, Islands and Northern Ireland.
7.3 You may receive your order in separate split deliveries by separate couriers
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the products via our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatching you should expect the products to be delivered. Although we will make every reasonable effort to ensure your products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the product or our delivery partners.
7.4 Your 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, our delivery partner will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 If you have trouble finding out the status of your order or tracking its progress, please contact Sales Administration team using the contact information below.
8. RISK & OWNERSHIP
8.1 Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
8.2 The products will be your responsibility from the time that you (or a third-party other than the carrier and indicated by you) take physical possession of the products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
RIGHT TO CANCEL
9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your products without giving a reason. This is your right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. Please note that the right to change your mind applies to standard ex-stock products but does not apply to any bespoke or re-sell products you purchase from us where we have supplied or designed to your specification, brief, personalisation or where a product has been brought in from another party to fulfil a contract requirement or personalised configuration.
9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products. Where you order multiple products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear written statement by letter sent by post or email. Please include your order number in the email.
9.5 Telephone cancellations will only be honoured if backed up by written confirmation in acknowledgement with our Sales Administration team.
9.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, less the cost of delivery or supplementary costs.
9.7 Refunds will be made usualy within 10 working days, depending on the card issuer, after the successful return of the product and once they have been received in our warehouse.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction.
9.9 We may withhold reimbursement until we have received the products back.
9.10 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the products resulting from the unfair and/or unreasonable wear and tear of the product other than what is necessary to establish the nature, characteristics and functioning of the products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any products we supply.
9.11 Goods returned in an unsatisfactory condition or not in their original packaging will be considered as ‘used or assembled’ and will invalidate any right to refund.
9.12 If you have arranged with our Sales Administration for Smart2Ergo, KSF Supply Ltd to facilitate collection of such returns, you must take care when opening packaging that the products were delivered in and carefully re-pack the products in the original packaging prior to returning the products to us.
9.13 Collection by us, Smart2Ergo, KSF Supply Ltd. does not negate in any way your responsibilities under Clauses 9.10 & 9.11 above, to ensure that such product returned is received back to us in satisfactory and re-saleable condition.
9.14 If you are returning the products to us because they are faulty, we will refund: the price of the product in full; any applicable delivery charges (other than any costs incurred by you in returning the products to us in person). As a consumer, you will always have legal rights in relation to products that are faulty. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale.
HOW TO RETURN THE PRODUCTS
9.15 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the products must be returned to us.
i. You will need to arrange for the products to be returned to us at our distribution centre, or to the distribution point of our re-sell partners. In this case, the products must be returned to us without undue delay and in any event no later than 14 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the products to us
ii for larger or heavy items, our Customer Services team can arrange with you to arrange collection of the Products from your address. You will be responsible for the cost of collection.
9.16 Please contact Customer Services using the contact information below, to arrange a return or collection of the products. Please note that collection arranged by us does not in any way negate your responsibilities as per Clause 9.13 above.
9.17 You must take care when opening packaging that the products were delivered in and carefully re-pack the products in the original packaging prior to returning the products to us.
10 SALES PROMOTIONS
10.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase designated Products from us.
10.2 The length of time any promotion runs for the conditions for qualifying for such promotion and the products which will be subject to such promotion will be described and bound by the validity period start and end dates.
10.3 If you place an order for products in relation to any promotion, the promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the promotion-specific terms set out in Section A shall prevail.
11 PROMOTION OR DISCOUNT VOUCHERS CODES
11.1 All promotion codes are subject to ‘Promotional Terms and Conditions’.
11.2 The value of any promotional or discount voucher code you use will be deducted from the total cost of your order.
11.3 The full value of any promotional or discount voucher code must be redeemed in one go against a specific confirmed order in process.
11.4 Any promotional or discount voucher code will have a validity start and end date and must be used within the validity period.
11.5 Promotional or discount voucher codes cannot be ‘given’ to another nor posted on consumer forums as this will immediately invalidate them.
11.6 Only one promotional or discount voucher code can be applied to any one order.
11.7 When you use a promotional or discount voucher code you warrant to us that you are the duly authorised recipient and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. Should there be any doubt, we may reject or cancel the voucher or discount code (as applicable).
11.8 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
11.9 In the event of product returns, a refund or replacement may be offered for value of original purchased, once the discount has been applied. This excludes delivery charge.
11.10 In the event of a product exchange, the promotional code will not be applied to replacement items. If the offer is still valid, you will be able to place the order using the original Promotion Code.
12. YOUR INFORMATION
13. YOUR PERSONAL INFORMATION
14. YOUR ACCOUNT AND PASSWORD
14.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
14.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at email@example.com
15. USER CONTENT
15.1 You confirm that images, sounds, text or information that you share or create (“User Content”) whilst using Unboxed, sending us feedback or comments on the Products or the site, or posting on social networks regarding the Products will meet the Rules of Acceptable Use (as below).
15.2 You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-licence the User Content anywhere and in any form for the purposes of operating our site and business.
15.4 We do not generally check or moderate any User Content, including before it is added to Unboxed. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use.
16. RULES OF ACCEPTABLE USE
16.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
17. NOTICE AND TAKE DOWN POLICY
17.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
17.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
17.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
18. LIMITED LICENCE
18.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Smart2Ergo name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
18.2 If you wish to make any use of material on our site other than that set out above, please contact: firstname.lastname@example.org
19 DISCLAIMER AND LIABILITY
19.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
19.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
19.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
19.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
19.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
19.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
20. LINKS AND LINKING
20.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
20.2 You may link to our home page (www.made.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
23. JURISDICTION AND APPLICABLE LAW