Terms of Sale
1. The contract between us
For a contract between us and the customer, we must receive
full payment. Our acceptance of payment of your order brings
into existence a legally binding contract between us. Payment is
made via WorldPay and you will receive a confirmation email from
WorldPay to confirm payment. However, we do not have to accept
the payment from WorldPay and payment is declined by us the
contract is automatically cancelled.
2. Price
2.1 The prices payable for goods that you order are as
set out in our website.
2.2 You will be required to pay extra for delivery and
it might not be possible for us to deliver to some locations.
Our delivery charges are set out in our website.
3. Right for you to cancel your contract
3.1 In accordance with the Consumer Protection
(Distance Selling) Regulations 2000 “The consumer has the right
to cancel within seven working days for most goods and services.
This period runs from the day the contract was concluded for
services, and from the day after the day of delivery for goods.”
3.2 Further to this we offer the right to return goods
within 7 days from receipt of the goods.
3.3 To cancel your contract you must notify us in
writing or by emailing cancellations@affordableservices.co.uk
the relevant shop from where you placed your order with all
order information or returns@affordableservices.co.uk if your
order has been received.
3.4 If you have received the goods before you cancel
your contract we must be notified at returns@affordableservices.co.uk
and you must send the goods back to our contact address at your
own cost and risk. If you cancel your contract but we have
already processed the goods for delivery you must not unpack the
goods when they are received by you and you must send the goods
back to us at our contact address at your own cost and risk as
soon as possible.
3.5 Once you have notified us that you are cancelling
your contract, any sum debited to us from your original method
of payment will be re-credited to your account as soon as
possible and in any event within 30 days of your order PROVIDED
THAT the goods in question are returned by you and received by
us in the condition they were in when delivered to you. If you
do not return the goods delivered to you or do not pay the costs
of delivery, we shall be entitled to deduct the direct costs of
recovering the goods from the amount to be re-credited to you.
3.6 If the goods are not returned in the condition
they were sent we reserve the right to charge the cost of
recovering the goods directly to you. It is recommended that
sunglasses are returned in the packaging in which they were
received, if they are damaged in transit it is the
responsibility of the customer to claim back all costs from the
company with which the sunglasses were returned. We reserve the
right to return faulty sunglasses back to customers that have
been damaged in transit. Sunglasses must also be returned
with/in any branded material that they are received in, e.g.
cases, boxes and with the warranty and cloth (if applicable). DO
NOT SEND IN JIFFY ENVELOPES.
3.7 All goods must be returned in accordance with our
returns policy which can be found on the FAQ page.
3.8 Unfortunately return postage can not be refunded.
3.9 A restocking fee may be applicable to returned
products. Our full costs incurred e.g. special delivery charges
for designer sunglasses, may also be charged for returned
products.
3.10 The Oakley Thump and Oakley Thump 2 will incur a
20% restocking fee if returned.
4. Cancellation by us
4.1 We reserve the right to cancel the contract
between us if:
4.1.1 We have insufficient stock to deliver the goods
you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods you ordered was listed
at an incorrect price due to a typographical error or an error
in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you
by e-mail and will re-credit to your account any sum deducted by
us via original method of payment or cheque as soon as possible
but in any event within 30 days of your order. We will not be
obliged to offer any additional compensation for disappointment
suffered.
5. Delivery of goods to you
5.1 All UK orders are sent either first class recorded
mail, or special next day delivery. All international orders are
sent via international signed for delivery or Airsure (where
available). All orders will require a signature (except airsure
which will be scanned on delivery).
5.2 Deliveries will be made to the given delivery
address, the address given will be the address to which the
goods are sent. For any amendments to the delivery address, we
must be notified by email prior to the processing of your order.
It is essential that you ensure you give a delivery address
where the recipient will be available to accept the goods, or
you must be prepared to collect the goods from your post office
or the delivery service's office following attempted delivery.
5.3.1 We aim for delivery of all UK orders within 3
working days but delivery can take up to 30 days. International
delivery times vary, but must orders are received between 4 and
12 days. For UK deliveries goods cannot be classified as missing
in the post until 15 working days have passed since the day of
posting. We cannot take any action during this period, but will
immediately make enquiries and re-send orders if delivery hasn't
been made following the 15 working day period.
5.3.2 International orders are generally sent via
Royal Mail International Delivery and are usually delivered
within a week but can take up to 28 days due to delays at
customs. Most orders require a signature. If 28 days or more
have passed and your order has not been received, please contact
us to inform them of the delay. We then have to launch an
international track and enquiry, as soon as we have the results
we can resend or refund.
5.4 We cannot be held responsible for failed
deliveries, either due to an incorrect address or unavailability
of a signature on delivery. If goods are returned to us for
these reasons we can re-charge for postage and handling, or
deduct the cost if a refund is requested.
5.5 Upon delivery of your order you will become the
owner of the goods, they will be held at your own risk and we
cannot be held liable for their loss or destruction.
5.6 If an item is delivered to you and has been
damaged in transit, we must be notified within two hours of
delivery so we can claim with Royal Mail postal insurance.
5.7 All orders are sent with duties and taxes to be
paid by the recipient. Duties will be assessed by the importing
country based on current laws governing imports.
6. Liability
6.1 If the goods we deliver are not what you ordered
or are damaged or defective or the delivery is of an incorrect
quantity, we shall have no liability to you unless you notify
us, by email or in writing at our contact address, of the
problem immediately and in any case within 10 working days of
the delivery of the goods in question. If items have been damage
in transit we must be notified on the day of delivery. Therefore
if the goods ordered are a gift it is advisable to check the
contents immediately.
6.2 If you do not receive goods ordered by you within
30 days of the date on which you ordered them, we shall have no
liability to you unless you notify us, by email or in writing at
our contact address, of the problem within 40 days of the date
on which you ordered the goods. If you notify a problem to us
under this condition, our only obligation will be, at your
option:
6.2.1 To make good any shortage or non-delivery;
6.2.2 To replace or repair any goods that are damaged
or defective; or
6.2.3 To refund to you the amount paid by you for the
goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to
you for any indirect or consequential loss, damage or expenses
(including loss of profits, business or goodwill) howsoever
arising out of any problem you notify to us under this condition
and we shall have no liability to pay any money to you by way of
compensation other than to refund to you the amount paid by you
for the goods in question under clause 6.2 above.
6.4 You must observe and comply with all applicable
regulations and legislation, including obtaining all necessary
customs, import or other permits to purchase goods from our
site. The importation or exportation of certain of our goods to
you may be prohibited by certain national laws. We make no
representation and accept no liability in respect of the export
or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these
terms and conditions is intended to limit any rights you might
have as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude or
limit our liability to you for any death or personal injury
resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and
sent to our contact address at:
Affordable Services Ltd.
17 High Street
Southend-on-Sea
Essex
SS1 1JE
UK
Or by emailing info@affordableservices.co.uk or the correct
shop from where your order was placed, you must include your
name, order number, WorldPay transaction number and date of
order, and all notices from us to you will be displayed on our
website from to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver
goods you have ordered or any delay in doing so or for any
damage or defect to goods delivered that is caused by any event
or circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire, explosion
or accident.
9. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability to
you) the enforceability of any other part of these conditions
will not be affected.
10. Privacy
You acknowledge and agree to be bound by the terms of our
privacy policy.
11. Third party rights
Except for our affiliates, directors, employees or
representatives, a person who is not a party to this agreement
has no right under the UK Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this agreement but this does not
affect any right or remedy of a third party that exists or is
available apart from that Act.
12. Governing law
The contract between us shall be governed by and interpreted
in accordance with English law and the English courts shall have
jurisdiction to resolve any disputes between us.
13. Entire agreement
These terms and conditions, together with our current website
prices, delivery details, contact details and privacy policy,
set out the whole of our agreement relating to the supply of the
goods to you by us. Nothing said by any sales person on our
behalf should be understood as a variation of these terms and
conditions or as an authorised representation about the nature
or quality of any goods offered for sale by us. Save for fraud
or fraudulent misrepresentation, we shall have no liability for
any such representation being untrue or misleading. |