Terms and Conditions
CONTENTS
____________________________________________________________
CLAUSE
1. Information about us and how to contact us
2. These Terms and Conditions
3. Service Availability
4. Our contract with you
5. Price and Payment
6. Providing the Products
7. Our Products
8. Your rights to make changes
9. Our rights to make changes
10. Your rights to end your contract with us
11. Our rights to end the contract
12. Our responsibility for loss or damage suffered by you
13. How we may use your personal information
14. Complaints
15. Other important terms
SCHEDULE
Model Cancellation Form
1. Information about us and how to contact us
1.1 Who we are. We are Winston’s Leather a sole trader established in England. Our address is 29 Eagle Centre, Derby, DE1 2AZ.
1.2 How to contact us. You can contact us by telephoning us on 01332 332141 or by writing to us at winstonsleather@gmail.com or Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. These Terms and Conditions
2.1 These are the legal terms and conditions (‘Terms and Conditions’) upon which we sell (or make available for sale) the products (‘Products’) listed on our website (www.winstonsleather.com) to you. You can find everything you need to know about us and our Products on our website before you order.
2.2 Please read these Terms and Conditions carefully before ordering any Products from our website as they contain important terms which apply to you and tell you information about us, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.3 By placing an order with us and ticking the box "I Accept the Terms and Conditions", you are agreeing to be bound by these Terms and Conditions, together with our Privacy Policy here and Cookie Policy here (collectively, the ‘Terms’). If you do not accept these Terms, then please do not use our website or order any Products from us.
2.4 You should print a copy of these Terms and Conditions or save them to your computer for future reference.
2.5 We may amend these Terms and Conditions from time to time. The Terms and Conditions that apply will be those that are displayed on our website when you place your order therefore every time you wish to order Products from us, please check these Terms and Conditions to ensure that you understand the terms that will apply at that time.
3. Service Availability
3.1 We only sell to the UK. Our website is solely for the promotion and sale of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Our contract with you
4.1 Your order. The order you place via our website constitutes an offer to purchase the Products in accordance with these Terms and Conditions. Please read and check your order carefully before placing it as you are responsible for making sure your order is correct. All orders are subject to availability and acceptance by us.
4.2 After placing your order we will email you to confirm that we have received your order. This does not mean that your offer has been accepted. Any email, order confirmation or other electronic acknowledgement by us of receipt of your order does not constitute legal acceptance by us of your order.
4.3 How we will accept your order. Unless we have notified you that we cannot accept your order (or offer to purchase the Products) (see clause 4.4. below) our acceptance of your order will take place when:
(a) we have received full payment for the Products and;
(b) the Products have been dispatched to you and we have sent you a dispatch confirmation in writing (‘Dispatch Confirmation’),
at which point a contract will come into existence between you and us.
4.4 If we cannot accept your order. Sometimes we might not be able to accept your order this might be because the Products are unexpectedly out of stock, because you are located outside of the UK, because we have identified an error in the price or description of the Products, because we are unable to meet a delivery deadline you have specified or for another reason. If we are unable to accept your order, we will let you know as soon as possible and will refund any sums you have paid.
4.5 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge receipt of your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Price and Payment
5.1 Where to find the price of the Products. The price of the Products (which includes VAT where applicable) will be the price shown on our website and on the order pages when you place your order. We use our best efforts to ensure that the price of the Products advised to you is correct however please see clauses 5.3 – 5.5 below for what happens if we discover an error in the price of any Products you order.
5.2 Changes to our prices. We may change our prices of the Products on our website at any time but any changes will not affect any order which we have already accepted. However, if the rate of VAT changes between your order date and the date we supply the Product to you, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If this happens we are under no obligation to sell incorrectly priced Products to you at the incorrect price or at all.
5.4 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
5.5 If we discover an error in the price of Products you have ordered before we accept and process your order, we will (at our discretion) either cancel your order and refund the price you have paid or contact you as soon as possible and give you the option of continuing with your order at the correct price or cancelling your order. If we are unable to contact you using the details provided during the order process or if you confirm you do not wish to continue with the order, we will cancel your order and refund any sums you have paid.
5.6 When you must pay and how you must pay. You must pay for the Products when you place your order. We will take payment from your provided payment method immediately once you reach the billing page and submit your order. We will not process your order until payment has been received in full.
5.7 We accept payment by credit card and debit card. We accept debit/credit card payments from all major brands including: Visa, Mastercard, American Express and Maestro.
5.8 We can charge interest if you pay late. If you do not make any payment of any sums which are owing to us by the due date we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
6. Providing the Products
6.1 Dispatch of the Products. During the order process we will notify you when the Products you have ordered have been dispatched. The date of dispatch is the date that we send the Products to you, it is not the date that Products will be delivered.
6.2 Delivery of the Products. We will deliver the Products to you:
(a) by delivery date set out in the Dispatch Confirmation; or
(b) if no delivery date is specified in the Dispatch Confirmation, as soon as reasonably possible and in any event within 30 days after the day on which we accept your order; or
(c) within such other timeframe as we may agree with you.
6.3 The Products you have ordered will usually be sent via Royal Mail First Class for delivery but we may use other Royal Mail services or alternative delivery providers from time to time. For example, we may use Royal Mail Tracked, Signed For or Special Delivery services depending on the value of the Products you have ordered or the Products may be dispatched directly to you by our supplier.
6.4 Delivery usually takes between 3 and 5 working days (Monday to Friday excluding Bank Holidays) from the date of dispatch however we are unable to guarantee delivery dates or times. Estimated delivery timescales for Royal Mail delivery services are set here: https://www.royalmail.com/sending/uk.
6.5 Delivery costs. All Products sold on our website include free UK delivery.
6.6 Delivery address. It is your responsibility to ensure that the address you provide for delivery of the Products when placing your order is correct.
6.7 If you are not at home when the Products are delivered. The Products will be delivered to the address provided by you when placing your order (‘Delivery Address’). If no one is available at the Delivery Address to take delivery of the Products and the Products cannot be posted through your letterbox:
(a) the delivery provider will carry out any special delivery instructions which you requested prior to us sending you the Dispatch Confirmation; or
(b) if you have not provided any special delivery instructions to us prior to us sending you the Dispatch Confirmation, you agree that the delivery provider may
(i) leave the Products in a safe place chosen by the delivery provider; or
(ii) leave the Products with a neighbour chosen by the delivery provider,
and in each case, the delivery provider will leave a card at the Delivery Address stating the location of your Products. At this point, the Products will have been deemed to have been delivered and will be entirely at your own risk and we will not accept any responsibility for any loss or damage suffered.
6.8 If the delivery provider is unable to deliver the Products in any of the ways set out in clause 6.8, the delivery provider will leave you a card informing you of how to rearrange delivery or collect the Products from the delivery providers depot. It will be your responsibility to re-arrange delivery or make arrangements for collection with the delivery provider and the Products will be entirely at your own risk and we will not accept responsibility for any loss or damage suffered.
6.9 When you become responsible for the Products. The Products will be your responsibility from the time the delivery provider delivers or attempts to deliver the Products to the Delivery Address.
6.10 When you own Products. You own the Products once:
(a) we have received payment in full; and
(b) the Products have been dispatched to you and we have sent you a Dispatch Confirmation.
7. Our Products
7.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. The packaging of Products may also vary from that shown in images on our website. Although we have made every effort to be as accurate as possible, because some of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.
7.2 Making sure your measurements are accurate. If we are making or supplying the Products to measurements you have given us you are responsible for ensuring that these measurements are correct.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either cancel your order, end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your rights to make changes
8.1 You cannot make amendments/changes to the Products you have ordered after we have sent you the Dispatch Confirmation.
8.2 If you wish to make a change to the Products you have ordered before we have sent you the Dispatch Confirmation please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order and receive a refund for any Products paid for but not received.
9. Our rights to make changes
9.1 Changes we can always make. We can always change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(a) to implement minor adjustments and improvements. These changes will not affect your use of the Products.
9.2 Changes we can only make if we give you notice and an option to cancel your order. In addition, we may make the following changes to the Products, but if we do so we will notify you and you may then contact us to cancel your order before the changes take effect and receive a refund for any Products paid for but not received:
(a) if the colour of the Products you have ordered is not available we may substitute it for another colour;
(b) if the model, style or size of the Products you have ordered is not available we may substitute it for another model, style or size as applicable.
10. Your rights to end your contract with us
You have a legal right to change your mind (Consumer Contracts Regulations 2013)
10.1 If you are a consumer, you have a legal right to change your mind and cancel your contract with us until 14 days after delivery of the Products.
10.2 This right to change your mind does not apply in respect of:
(a) Products that are personalised or are made to your specification;
(b)Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any Products which become mixed inseparably with other items after their delivery; and
(d) Products that are liable to deteriorate or expire rapidly.
10.3 If you wish to exercise your right to change your mind and cancel your contract with us, you have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind about the Products.
10.4 If you want to cancel your contract with us because you have changed your mind, you need to communicate this to us within the timescale set out in clause 10.3. You can contact us by email at winstonsleather@gmail.com or by post at Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ or by telephone on 01332 332141. You will need to provide us with your name and contact details (address, email address and telephone number) and details of your order including what Products you bought, the date of your order and your order number. You may use a copy of the model cancellation form available here but you are not required to do so.
10.5 Returning Products. If you exercise your right to change your mind and cancel the contract after Products have been dispatched to you or you have received the Products, you must return them to us. You must return the Products to us by post to the following address: Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ. You must send the Products to us within 14 days of telling us you wish to end the contract. You will be responsible for the cost of returning the Products to us.
10.6 You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that the Products are returned to us using an established delivery service that offers a tracking method. You should keep a receipt or other evidence from the delivery service that proves you have sent the Products to us and when you sent them. If you don’t do this and we don’t receive the Products at all or within a reasonable time we won’t refund you the price. We will also be unable to provide you with a full refund if the Products are damaged when they arrive.
10.7 Your right to a refund. If you exercise your right to change your mind and cancel the contract we will:
(a) refund you the price you paid for the Products, however we may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop or the Products have been used. For example, we will reduce your refund if the Product’s condition is not ‘as new’, the labels have been removed, the packaging is damaged, the Products have been used or worn. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) refund any charges you have paid for delivery of the Products to you (where applicable), although the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination;
(c) make the refund by the payment method used for payment and:
(i) if the Products have not been dispatched to you, make the refund as soon as possible and within 14 days of you telling us you have changed your mind; or
(ii) if the Products have been dispatched to you, make the refund as soon as possible and within 14 days from the day on which we receive the Products back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return Products to us, see clauses 10.5 and 10.6.
If there is a problem with a Product
10.8 We are under a legal duty to supply Products that are in conformity with this contract. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. Nothing in these terms will affect your legal rights in relation to Products that are faulty or mis-described.
10.9 If you consider that a Product is faulty or mis-described, please notify us by telephoning us on 01332 332141 or writing to us at winstonsleather@gmail.com or Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ. You will need to provide us with your name and contact details (address, email address and telephone number) and details of your order including what Products you bought, the date of your order and your order number.
10.10 You must return the Products to us in accordance with clause 10.11 below or, if they are not suitable for posting, allow us to collect them from you. If the Products are faulty or mis-described we will or offer you a repair, exchange or refund as appropriate in accordance with your consumer rights.
10.11 Returning products which are faulty or mis-described. If you are returning a Product to us because you consider it to be faulty or mis-described you must return the Product to us by post to the following address: Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ. We will pay the costs of return if the Products are faulty or misdescribed.
Ending the contract because of something we have done or are going to do.
10.12 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 9.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed (see clause 5.5);
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 12.5);
(d) you have a legal right to end the contract because of something we have done wrong.
Ending the contract where we are not at fault and there is no right to change your mind.
10.13 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the Products are delivered and paid for. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the costs we will incur as a result of your ending the contract.
How to end the contract with us under clause 10.12 or 10.13
10.14 Tell us you want to end the contract. To cancel your contract with us under clause 10.12 or 10.13, please contact us to let us know you wish to cancel. You can contact us by email at winstonsleather@gmail.com or by post at Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ or by telephone on 01332 332141. You will need to provide us with your name and contact details (address, email address and telephone number) and details of your order including what Products you bought, the date of your order and your order number. You may use a copy of the model cancellation form available here but you are not required to do so.
10.15 Returning Products after ending the contract under clause 10.12 and 10.13. If you end the contract after the Products have been dispatched to you or you have received them, you must return them to us. You must return the Products to us by post to the following address Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ. You must send the Products to us within 14 days of telling us you wish to end the contract.
10.16 You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that the Products are returned to us using an established delivery service that offers a tracking method. You should keep a receipt or other evidence from the delivery service that proves you have sent the Products to us and when you sent them. If you don’t do this and we don’t receive the Products at all or within a reasonable time we won’t refund you the price. We will also be unable to provide you with a full refund if the Products are damaged when they arrive.
10.17 The costs of return. If you are ending the contract under clause 10.12 because of something we have done or are going to do we will pay the costs of returning the Products to us. If you are ending the contract under 10.13 where we are not at fault and there is no right to change your mind you will be responsible for the cost of returning the Products to us.
10.18 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.19 How we will refund you. We will refund you the price you paid for the Products including delivery costs, where applicable, by the method you used for payment. However, we may make deductions from the price, as described below:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop or the Products have been used. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.20 When your refund will be made. We will make any refunds due to you as soon as possible.
11. Our rights to end the contract
11.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
(c) you do not, within a reasonable time, allow us to deliver the Products to you.
11.2 If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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 breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption, or loss of business opportunity.
12.3 We are not liable for avoidable losses. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
12.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation.
12.5 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 our contract with you that is caused by an event outside our control. An event outside our control means any act, event, omission or accident beyond our reasonable control. If an event outside our control takes place that affects the performance of our obligations under our contract with you, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and do what we can to reduce the delay. Provided we do this we won’t compensate you for the delay but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any Products you have paid for but not received, less reasonable costs we have already incurred.
13. How we may use your personal information
13.1 Where you have provided us with personal information, we will use this information to process your order and supply Products to you. We will only use your personal information in accordance with our Privacy Policy here.
14. Complaints
14.1 If you have any questions, comments or requests regarding these terms and conditions or you wish to make a complaint about our Products please send these in writing to winstons.leather@gmail.com or Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ. We will respond to any complaint as quicky as possible and use our best efforts to find a satisfactory solution for you.
Alternative Dispute Resolution
14.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which you can find here https://ec.europa.eu/consumers/odr/.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will still apply. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions and any claim or dispute arising in relation to these terms are governed by English law. If you are a consumer, this means our contract with you for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
15.7 In respect of any claim or dispute arising in relation to our contract with you, if you are a consumer you and we agree that that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute, but nothing in this clause shall limit your legal rights to bring an action against us or to require proceedings to take place in the country in which you have your usual place of residence. For example if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.
15.8 If you are not a consumer, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such claim or dispute.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Winston’s Leather, 29 Eagle Centre, Derby, DE1 2AZ; Tel: 01332 332141; Email: winstonsleather@gmail.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
(Version 1.0 – 30-10-22)