Our terms
1.
These terms
1.1
What
these terms cover. These are the terms and conditions on which we supply
products to you, whether these are goods, services or digital content.
1.2
Why
you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, 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. If you think that there is a mistake
in these terms, please contact us� to discuss.
2.
Information
about us and how to contact us
2.1
Who
we are. We are the Newton Prep Uniform Shop which is a trading name of
Newton Prep Limited a company registered in England and Wales. Our company
registration number is 02571062 and our trading address is 149 Battersea Park
Road, London SW8 4BX.
2.2
How
to contact us. You can contact us by telephoning our customer service team
at 020 7720 4091 or by writing to us at 149 Battersea Park Road, London SW8 4BX.
2.3
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.
2.4
"Writing"
includes emails. When we use the words "writing" or
"written" in these terms, this includes emails.
3.
Our contract with you
3.1
How
we will accept your order. Our acceptance of your order will take place
when we email you to accept it, at which point a contract will come into
existence between you and us.
3.2
If we
cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing and will not charge you for the product. This
might be because the product is out of stock, because of unexpected limits on
our resources which we could not reasonably plan for, because we have
identified an error in the price or description of the product or because we
are unable to meet a delivery deadline you have specified.
3.3
Your
order number. We will assign an order number to your order and tell you
what it is when you submit your order and when we accept your order. It will
help us if you can tell us the order number whenever you contact us about your
order.
3.4
We
only sell to the UK. Our website is solely for the promotion of our
products in the UK. Unfortunately, we do not accept orders from or deliver to
addresses outside the UK.
4.
Our products
4.1
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 product may
vary slightly from those images.
4.2
Product
packaging may vary. The packaging of the product may vary from that shown
in images on our website.
5.
Your rights to make
changes
If you wish to make a change
to the product you have ordered 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 product, 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 end
the contract (see clause 8- Your rights to end the contract).
6.
Our rights
to make changes - Minor changes to the products.
We may change the product:
(a) to
reflect changes in the school uniform;
(b)
to reflect changes in the relevant laws and
regulatory requirements; and
(c) to implement minor technical adjustments and
improvements, for example to address a security threat. These changes will not
affect your use of the product.
7.
Providing the products
7.1
Delivery
costs. The costs of delivery will be as displayed to you on our website.
7.2
When
we will provide the products. During the order process we will let you know
when we will provide the products to you. If the products
are goods and you have paid for the goods to be delivered to you, we will
deliver them to you as soon as reasonably possible and in any event within 30
days after the day on which we accept your order.
7.3
We
are not responsible for delays 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 we will take steps to minimise the effect
of the delay. Provided we do this we will not be liable for delays caused by
the event, but if there is a risk of substantial delay you may contact us to
end the contract and receive a refund for any products you have paid for but
not received.
7.4
Collection
by you. If you have asked to collect the products from our premises, during
term time (as published on www.newtonprepschool.co.uk) you can collect them
from us during our working hours of 12-5pm on Monday�s, Wednesday�s and
Friday�s (excluding public holidays); or otherwise by appointment.
7.5
If
you are not at home when the product is delivered. If no one is available
at your address to take delivery and the products cannot be posted through your
letterbox, he courier will leave you a note informing you of how to rearrange
delivery or collect the products from a local depot.
7.6
If
you do not re-arrange delivery. If you do not collect the products from us
as arranged or if, after a failed delivery to you, you do not re-arrange
delivery or collect them from a delivery depot we will contact you for further
instructions and may charge you for storage costs and any further delivery
costs. If, despite our reasonable efforts, we are unable to contact you or
re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7
When
you become responsible for the goods. A product which is goods will be your
responsibility from the time we deliver the product to the address you gave us
or you or a carrier organised by you collect it from us.
7.8
When
you own goods. You own a product which is goods once we have received
payment in full and have accepted your order.
7.9
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, for
example, clothing size. If so, this will have been stated in the description of
the products on our website. 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
end the contract (and clause 10.2 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.
7.10
Reasons
we may suspend the supply of products to you. We may have to suspend the supply
of a product to:
(a) deal
with technical problems or make minor technical changes;
(b) update
the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or
notified by us to you (see clause 6).
7.11
Your
rights if we suspend the supply of products. We will contact you in advance
to tell you we will be suspending supply of the product, unless the problem is
urgent or an emergency. If we have to suspend the product for longer than 4
weeks in any academic year we will adjust the price so that you do not pay for
products while they are suspended. You may contact us to end the contract for a
product if we suspend it, or tell you we are going to suspend it, in each case
for a period of more than 8 weeks] and we will refund any sums you have paid in
advance for the product in respect of the period after you end the contract.
7.12
We
may also suspend supply of the products if you do not pay. If you do not pay
us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you
that payment is due, we may suspend supply of the products until you have paid
us the outstanding amounts. We will contact you to tell you we are suspending
supply of the products. We will not suspend the products where you dispute the
unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which
they are suspended. As well as suspending the products we can also charge you
interest on your overdue payments (see clause 12.5).�
8.
Your rights to end the
contract
8.1
You
can always end your contract with us.�
Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing and when
you decide to end the contract:
(a)
If
what you have bought is faulty or misdescribed you may
have a legal right to end the contract (or to get the product repaired or
replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b)
If
you want to end the contract because of something we have done or have told you
we are going to do,see clause 8.2;
(c)
If
you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off
period, but this may be subject to deductions and you will have to pay the
costs of return of any goods;
(d)
In
all other cases (if we are not at fault and there is no right to change your
mind), see clause 8.7.
8.2
Ending
the contract because of something we have done or are going to do. If you
are ending a contract for a reason set out at (a) to (e) below the contract
will end immediately and we will refund you in full for any products which have
not been provided and you may also be entitled to compensation. 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 6.2);
(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;
(c) there
is a risk that supply of the products may be significantly delayed because of
events outside our control;
(d) we
have suspended supply of the products for technical reasons, or notify you we
are going to suspend them for technical reasons, in each case for a period of
more than 8 weeks; or
(e) you have a legal right to end the contract because of
something we have done wrong.
8.3
Exercising
your right to change your mind (Consumer Contracts Regulations 2013). For
most products bought online you have a legal right to change your mind within
14 days and receive a refund.� These
rights, under the Consumer Contracts Regulations 2013, are explained in more
detail in these terms.
8.4
When
you don't have the right to change your mind.� You do not have a right to change your mind
in respect of:
(a) products
sealed for health protection or hygiene purposes, once these have been unsealed
after you receive them;
(b) any products which become mixed inseparably with
other items after their delivery.
8.5
How
long do I have to change my mind? How long you have depends on what you
have ordered and how it is delivered.
(a)
Have
you bought services? If so, you have 14 days after the day we email you to
confirm we accept your order. However, once we have completed the services you
cannot change your mind, even if the period is still running. If you cancel
after we have started the services, you must pay us for the services provided
up until the time you tell us that you have changed your mind.
(b)
Have
you bought goods?, if so you have 14 days after the day you (or someone you
nominate) receives the goods, unless:
(i)
Your
goods are split into several deliveries over different days. In this case
you have until 14 days after the day you (or someone you nominate) receives the
last delivery to change your mind about the goods.
(ii)
Your
goods are for regular delivery over a set period.� In this case you have until 14 days after the
day you (or someone you nominate) receives the first delivery of the goods.
8.6
Ending
the contract where we are not at fault and there is no right to change your
mind. Even if we are not at fault and you do not have a right to change
your mind (see clause 8.1), you can still end the contract before it is completed, but you may
have to pay us compensation. A contract for goods or digital content is
completed when the product is delivered, downloaded or streamed and paid for. A
contract for services is completed when we have finished providing the services
and you have paid for them. If you want to end a 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 reasonable compensation for the net costs we will incur as a result of
your ending the contract.
9.
How to end the contract
with us (including if you have changed your mind)
9.1
Tell
us you want to end the contract. To end the contract with us, please let us
know by email at uniformshopkeeper@newtonprep.co.uk. Please
provide your name, home address, details of the order and, where available,
your phone number and email address.
9.2
Returning
products after ending the contract. If you end the contract for any reason
after products have been dispatched to you or you have received them, you must
return them to us. You must either return the goods in person to where you
bought them, post them back to us at 149 Battersea Park Road, London SW8 4BX or
(if they are not suitable for posting) allow us to collect them from you. If
you are exercising your right to change your mind you must send off the goods
within 14 days of telling us you wish to end the contract.
9.3
When
we will pay the costs of return. We will pay the costs of return:
(a) if
the products are faulty or misdescribed;
or
(b) if
you are ending the contract because we have told you of an upcoming change to
the product or these terms, an error in pricing or description, a delay in
delivery due to events outside our control or because you have a legal right to
do so as a result of something we have done wrong;
In all other circumstances
[(including where you are exercising your right to change your mind)] you must
pay the costs of return.��
9.4
What
we charge for collection. If you are responsible for the costs of return
and we are collecting the product from you, we will charge you the direct cost
to us of collection.
9.5
How
we will refund you.� We will refund
you the price you paid for the products including delivery costs, by the method
you used for payment. However, we may make deductions from the price, as
described below.
9.6
Deductions
from refunds if you are exercising your right to change your mind. If you
are exercising your right to change your mind:
(a) We
may reduce your refund of the price (excluding delivery costs) to reflect any
reduction in the value of the goods, if this has been caused by your handling
them in a way which would not be permitted in a shop. If we refund you the
price paid before we are able to inspect the goods and later discover you have
handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where
the product is a service, we may deduct from any refund an amount for the
supply of the service for the period for which it was supplied, ending with the
time when you told us you had changed your mind. The amount will be in
proportion to what has been supplied, in comparison with the full coverage of
the contract.
9.7
When
your refund will be made. We will make any refunds due to you as soon as
possible.� If you are exercising your
right to change your mind then:
(a) If
the products are goods and we have not offered to collect them, your refund
will be made within 14 days from the day on which we receive the product back
from you or, if earlier, the day on which you provide us
with evidence that you have sent the product back to us. For information about
how to return a product to us, see clause 9.2.
(b) In
all other cases, your refund will be made within 14 days of your telling us you
have changed your mind
10.
Our rights to end the
contract
10.1
We
may end the contract if you break it. We may end the contract for a product
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 5 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, for example, the
size;
(c) you
do not, within a reasonable time, allow us to deliver the products to you or
collect them from us; or
(d) you do not, within a reasonable time, allow us access
to your premises to supply the services.
10.2
You
must compensate us if you break the contract. If we end the contract in the
situations set out in clause 10.1 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 net costs we will incur as a result of your breaking the contract
.
10.3 We may withdraw the product. We may
write to you to let you know that we are going to stop providing the product.
We will let you know in advance of our stopping the supply of the product and
will refund any sums you have paid in advance for products which will not be
provided.
11.
If
there is a problem with the product
11.1
How
to tell us about problems. If you have any questions or complaints about
the product, please contact us. You write to us at 149 Battersea Park Road,
London SW8 4BX. Alternatively, please speak to one of our staff in-store.
11.2
Summary
of your legal rights. We are under a legal duty to supply products that are
in conformity with this contract. See the box below for a summary of your key
legal rights in relation to the product. Nothing in these terms will affect
your legal rights.
Summary of your key legal rights
This is a summary of
your key legal rights. These are subject to certain exceptions. For detailed
information please visit the Citizens Advice website www.adviceguide.org.uk or
call 03454 04 05 06.
If your product is goods, for example [furniture or a
laptop], the Consumer Rights Act 2015 says goods must be as described, fit
for purpose and of satisfactory quality. During the expected lifespan of your
product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can
get an immediate refund.�
b) Up to six months: if your goods can't be repaired or
replaced, then you're entitled to a full refund, in most cases.�
c) Up to six years: if your goods do not last a reasonable
length of time you may be entitled to some money back.��
See also clause
8.3.
a) If your product is digital
content, for example [a mobile phone app or a subscription to a music
streaming service], the Consumer Rights Act 2015 says digital content must be
as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a
repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed
within a reasonable time and without significant inconvenience, you can get
some or all of your money back.
d) If you can show the fault has damaged your device and
we haven't used reasonable care and skill, you may be entitled to a repair or
compensation
See also clause
8.3.
If your product is services,
for example [a support contract for a laptop or tickets to a concert], the
Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not
carried out with reasonable care and skill, or get some money back if we
can't fix it.
b) If you haven't agreed a price beforehand, what you're
asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be
carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts
Regulations 2013).
|
11.3
Your
obligation to return rejected products. If you wish to exercise your legal
rights to reject products you must either return them in person to where you
bought them, post them back to us or (if they are not suitable for posting)
allow us to collect them from you.
12.
Price and payment
12.1
Where
to find the price for the product. The price of the product (which includes
VAT) will be the price indicated on the order pages when you placed your order.
We [take all reasonable care to ensure that the price of the product advised to
you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product
you order.
12.2
We
will pass on changes in the rate of VAT. If the rate of VAT changes between
your order date and the date we supply the product, 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.
12.3
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 the product's
correct price at your order date is higher than the price stated to you, we
will contact you for your instructions before we accept your order. [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 goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment with UK credit or debit card. You must
pay for the products before we dispatch them or when you collect them. We will
not charge your credit or debit card until we dispatch the products to you or
until you collect them.
12.5
We
can charge interest if you pay late. If you do not make any payment to us
by the due date we may charge interest to you on the overdue amount at the rate
of 4% a year above the base lending rate of Barclays Bank from time to time.
This interest shall accrue 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.
12.6
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.
13.
Our responsibility for loss or damage
suffered by you
13.1
We
are responsible to you for reasonably foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage
you suffer that is a reasonably 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
reasonably 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.
13.2
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 or the negligence of our employees, agents or subcontractors;
for fraud or fraudulent misrepresentation; for breach of your legal rights in
relation to the products; and for defective products under the Consumer
Protection Act 1987
13.3
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, business interruption, or loss of business opportunity.
14.
How
we may use your personal information
14.1 How we may use your personal information.� We will only use your personal information as
set out in our Privacy Policy available at
https://www.newtonprepschool.co.uk/terms.
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.
15.2 You need our consent to transfer your
rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to
another person if we agree to this in writing and such agreement shall be at
our absolute discretion.
15.3
Nobody
else has any rights under this contract (except someone you pass your guarantee
on to). 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 continue in force.
Each of the paragraphs of these terms operates separately. If any court or
relevant authority decides that any of them are unlawful, 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.
Which
laws apply to this contract and where you may bring legal proceedings. These
terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts.