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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms
depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly
for your personal use (not for use in connection with your trade, business,
craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire
agreement between us in relation to your purchase. You acknowledge that you
have not relied on any statement, promise, representation, assurance or
warranty made or given by or on behalf of us which is not set out in these terms
and that you shall have no claim for innocent or negligent misrepresentation or
negligent misstatement based on any statement in this Agreement.
Information about us and how to contact us
2.1 Who we are. We are Ellington Timepiece
Limited a company registered in England and Wales. Our company registration
number is 12143197 and our registered office is at 140 Coniscliffe Road, Darlington, Co.
Durham, United Kingdom, DL3 7RT.
2.2 How to contact us. You can contact us by
telephoning us at [INSERT TELEPHONE NUMBER]
or by writing to us at firstname.lastname@example.org.
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.
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 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 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 addresses outside the UK.
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.
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.
Our rights to make changes
6.1 Minor changes to the products. We may
change the product:
to reflect changes in relevant laws and
regulatory requirements; and
to implement minor technical adjustments and
improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, we may make more significant changes to these terms
or the product, but if we do so we will notify you and you may then contact us
to end the contract before the changes take effect and receive a refund for any
products paid for but not received.
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. 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.
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.
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, we
will leave you a note informing you of how to rearrange delivery or collect the
products from a local depot.
7.5 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.
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.
7.7 When you own goods. You own a product
which is goods once we have received payment in full.
7.8 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, 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.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor
update the product to reflect changes in
relevant laws and regulatory requirements;
make changes to the product as requested by you
or notified by us to you (see clause 6).
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 14.4) and you still do not make payment
within 14 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 14.7). 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
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, when you decide
to end the contract and whether you are a consumer or business customer:
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 12 if you are a consumer and clause 13 if you are a business;
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;
If you are a consumer and 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;
In all other cases (if we are not at fault
and you are not a consumer exercising your 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 8.2.1 to 8.2.3 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:
we have told you about an upcoming change to the
product or these terms which you do not agree to (see clause 6.2);
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;
there is a risk that supply of the products may
be significantly delayed because of events outside our control; or
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 if you are a consumer
(Consumer Contracts Regulations 2013). If you are a
consumer then 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.
Goodwill guarantee for consumers. We may, in our absolute and sole discretion, accept a return
outside of the period referred to in clause 8.3 in exceptional circumstances.
When consumers do not have a right to change their
minds. Your right as a consumer to change your mind
does not apply in respect of:
any bespoke or made to measure products;
products sealed for health protection or hygiene
purposes, once these have been unsealed after you receive them; and
any products which become mixed inseparably with
other items after their delivery.
8.6 How long do consumers have to change their minds? If you are a consumer who has purchased goods from us, you have 14
days after the day you (or someone you nominate) receives the goods, unless 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.
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 are not a consumer who has a right to change their
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 is completed when the product is delivered
and paid for. If you want to end a contract before it is completed where we are
not at fault and you are not a consumer who has changed their 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 net costs we will incur as a result of your ending the
How to end the contract with us (including if
you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To
end the contract with us, please let us know by doing one of the following:
Phone or email.
Call us on [INSERT] or e-mail us at
email@example.com. Please provide your name, home address, details
of the order and, where available, your phone number and email address.
the form at the end of these terms and conditions.
By post. Print
off the form at the end of these terms and conditions and post it to us at the
address on the form. Or simply write to us at that address, including details
of what you bought, when you ordered or received it and your name and 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 140 Coniscliffe Road, Darlington, Co. Durham, United Kingdom, DL3 7RT or (if they are not suitable for posting) allow us to collect them from you. Please call us
on [INSERT] or e-mail us at
firstname.lastname@example.org for a return label or to arrange collection. If
you are a consumer 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:
if the products are faulty or misdescribed;
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; or
if you are a consumer exercising your right to
change your min.
In all other circumstances you must pay the
costs of return.
How we will refund you. If you are entitled to a refund under these terms 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
9.5 When we may make deduction from refunds if you are a consumer
exercising your right to change your mind. If you
are exercising your right to change your mind:
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.
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.
When your refund will be made. We will make any refunds due to you as soon as possible. If you
are a consumer exercising your right to change your mind then:
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.
In all other cases, your refund will be made
within 14 days of your telling us you have changed your mind
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:
10.1.1 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;
10.1.2 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
10.1.3 you do not, within a reasonable time, allow us to deliver the
products to you or collect them from us.
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.
If there is a problem with the product
tell us about problems. If you have any questions
or complaints about the product, please contact us. You can call us on [INSERT] or e-mail us at
Your rights in respect of defective products if
you are a consumer
12.1 If you are a consumer 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 products. 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 a watch, 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
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.
12.2 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.
We will pay the costs of postage or collection. Please call us on [INSERT] or e-mail us at
email@example.com for a return label or to arrange collection.
Your rights in respect of defective products if
you are a business
13.1 If you are a business customer we warrant that on delivery any products
which are goods shall:
13.1.1 conform in all material respects with their description;
13.1.2 be free from material defects in design, material and workmanship;
13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods
Act 1979); and
13.1.4 be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
13.2.1 you give us notice in writing within a reasonable time of discovery
that a product does not comply with the warranty set out in clause 13.1;
13.2.2 we are given a reasonable opportunity of examining such product; and
13.2.3 you return such product to us at our cost,
we shall, at our option, repair or replace
the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the
warranty in clause 13.1 if:
13.3.1 you make any further use of such product after giving a notice in
accordance with clause 13.2.1;
13.3.2 the defect arises because you failed to follow our oral or written
instructions as to the storage, installation, commissioning, use or maintenance
of the product or (if there are none) good trade practice;
13.3.3 the defect arises as a result of us following any drawing, design or
specification supplied by you or on your behalf;
13.3.4 you alter or repair the product without our written consent; or
13.3.5 the defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in
respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products
supplied by us under clause 13.2.
Price and payment
14.1 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 14.3 for what
happens if we discover an error in the price of the product you order.
14.2 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
14.3 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. We will normally check prices before accepting
your order so that, where the product’s correct price at your order date is
less than our stated price at your order date, we will charge the lower amount.
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.
14.4 When you must pay and how you must pay.
We accept payment via any of the payment methods listed on our website from
time to time. For goods, you must pay for the
products before we dispatch them, unless before the order has been placed it
has been agreed by us that you can pay on invoice (for business customers only)
or in cash upon delivery. We will not charge your credit or debit card until we
dispatch the products to you.
Our right of set-off if you are a business
customer. If you are a business customer you must
pay all amounts due to us under these terms in full without any set-off,
counterclaim, deduction or withholding (other than any deduction or withholding
of tax as required by law).
14.6 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 the Bank of England 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
14.7 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.
Our responsibility for loss or damage suffered
by you if you are a consumer
15.1 We are responsible to you for 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 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.
15.2 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 as summarised at
clause 12.1; and for defective
products under the Consumer Protection Act 1987
15.3 We are not liable for business losses.
If you are a consumer we only supply the products for to you for domestic and
private use. If you use the products for any commercial, business or re-sale
purpose our liability to you will be limited as set out in clause 16.
Our responsibility for loss or damage suffered
by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence
of our employees, agents or subcontractors (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act
1979 or section 2 of the Supply of Goods and Services Act 1982;
16.1.4 defective products under the Consumer Protection Act 1987; or
16.1.5 any matter in respect of which it would be unlawful for us to
exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15
of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and
Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit, or
any indirect or consequential loss arising under or in connection with any
contract between us; and
16.3.2 our total liability to you for all other losses arising under or in
connection with any contract between us, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall be limited to the
total sums paid by you for products under such contract.
How we may use your personal information
will use your personal information. We will only
use your personal information as set out in our .
Other important terms
18.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to
another organisation. We will always tell you in writing if this happens and we
will ensure that the transfer will not affect your rights under the contract.
18.2 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. However, if you are a consumer you may
transfer our guarantee at clause 8.4 to a person who has acquired the product
or, where the product is services, any item or property in respect of which we
have provided the services. We may require the person to whom the guarantee is
transferred to provide reasonable evidence that they are now the owner of the
relevant item or property, for example by providing us with a contract or
invoice documenting the sale of the item by you to them.
18.3 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, except as explained in clause 18.2 in respect of our guarantee. Neither of
us will need to get the agreement of any other person in order to end the
contract or make any changes to these terms.
18.4 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
18.5 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.
18.6 Which laws apply to this contract and where you may bring legal
proceedings if you are a consumer. These terms are
governed by English law and you can bring legal proceedings in respect of the
products in the English courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish or the English
courts. If you live in Northern Ireland you can bring legal proceedings in respect
of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where
you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in
connection with a contract between us or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales and the courts of
England and Wales shall have exclusive jurisdiction to settle any such dispute
Model Cancellation Form for consumer
(Complete and return this form only if
you wish to withdraw from the contract)
To: ELLINGTON TIMEPIECE LIMITED, 140
Coniscliffe Road, Darlington, Co. Durham, United Kingdom, DL3 7RT
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),
[*] Delete as appropriate