Terms
This area of our site contains:
A our terms of website use which govern use of our site;
B our terms and conditions of supply which govern our sales
except where we are selling on our supplier's terms.
A
Website terms of use
By using our website or placing an order you agree to be bound
by the terms and conditions set out below.
What's in these terms?
These terms tell you the rules for using our website / (our site).
Who we are and how to contact us
This site is operated by Plastics Free Limited ("We").
We are registered in England and Wales under company number 11607265 and
have our registered office at 32 Southstand, London N5 1EY which is our main trading address.
To contact us, please email hello@plasticsfree.co.uk
Busing our site you accept these terms
By using our site, you confirm that you accept these terms of
use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future
reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms,
which also apply to your use of our site:
Our Privacy Policy, which sets out the terms on which we process any personal
data we collect from you, or that you provide to us. By using our site, you
consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie
Policy, which sets out information about the cookies on our site.
If you purchase goods from our site, our supplier’s terms
available upon request by email to us at hello@plasticsfree.co.uk or otherwise our Terms and conditions of supply as set out below will apply to the sales.
We may make changes to these terms.
We amend these terms from time to time. Every time you wish to
use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect
changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will
always be available or be uninterrupted. We may suspend or withdraw or restrict
the availability of all or any part of our site for business and operational
reasons. We will try to give you reasonable notice of any suspension or
withdrawal.
You are also responsible for ensuring that all persons who
access our site through your internet connection are aware of these terms of
use and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
If you choose, or you are provided with, a user identification
code, password or any other piece of information as part of our security
procedures, you must treat such information as confidential. You must not disclose
it to any third party.
We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in our
reasonable opinion you have failed to comply with any of the provisions of
these terms of use.
If you know or suspect that anyone other than you knows your
user identification code or password, you must promptly notify us at hello@plasticsfree.co.uk
How you may use material on our site
We are the owner or the licensee of all intellectual property
rights in our site, and in the material published on it. Those works are
protected by copyright laws and treaties around the world. All such rights are
reserved.
You may print off one copy, and may download extracts, of any
page(s) from our site for your personal use and you may draw the attention of
others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials
you have printed off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text.
Our status (and that of any identified contributors) as the
authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for
commercial purposes without obtaining a licence to do so from us or our
licensors.
If you print off, copy or download any part of our site in
breach of these terms of use, your right to use our site will cease immediately
and you must, at our option, return or destroy any copies of the materials you
have made.
Do not rely on information on this site
The content on our site is provided for general information
only. It is not intended to amount to advice on which you should rely. You must
obtain professional or specialist advice before taking, or refraining from, any
action on the basis of the content on our site.
Although we make reasonable efforts to update the information on
our site, we make no representations, warranties or guarantees, whether express
or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources
provided by third parties including our suppliers, these links are provided for
your information only. Such links should not be interpreted as approval by us
of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or
resources.
User-generated content is not approved by us
This website may include information and materials uploaded by
other users of the site, including to bulletin boards and chat rooms. This
information and these materials have not been verified or approved by us. The
views expressed by other users on our site do not represent our views or
values.
If you wish to complain about information and materials uploaded
by other users please contact us on hello@plasticsfree.co.uk.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
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 and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to
liability arising as a result of the supply of any products to you, which will
be set out in our Terms and conditions of supply as set out below.
If you are a business user:
We exclude all implied conditions, warranties, representations
or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and
private use. You agree not to use our site for any commercial or business
purposes, and we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a
device or digital content belonging to you and this is caused by our failure to
use reasonable care and skill, we will either repair the damage or pay you
compensation. However, we will not be liable for damage that you could have
avoided by following our advice to apply an update offered to you free of
charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
Uploading content to our site
Whenever you make use of a feature that allows you to upload
content to our site, or to make contact with other users of our site, you must
comply with generally acceptable industry content standards.
You warrant that any such contribution does comply with those
standards, and you will be liable to us and indemnify us for any breach of that
warranty. This means you will be responsible for any loss or damage we suffer
as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential
and non-proprietary. You retain all of your ownership rights in your content,
but you are required to grant us and other users of our site a limited licence
to use, store and copy that content and to distribute and make it available to
third parties.
We also have the right to disclose your identity to any third
party who is claiming that any content posted or uploaded by you to our site
constitutes a violation of their intellectual property rights, or of their
right to privacy.
We have the right to remove any posting you make on our site if,
in our opinion, your post does not comply with the above content standards.
You are solely responsible for securing and backing up your
content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the
following rights to use that content:
for the purposes of supplying you with products or services
available through our site.
To enable our suppliers to supply you with products or services
available through our site.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from
bugs or viruses.
You are responsible for configuring your information technology,
computer programs and platform to access our site. You should use your own
virus protection software.
You must not misuse our site by knowingly introducing viruses,
trojans, worms, logic bombs or other material that is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
our site, the server on which our site is stored or any server, computer or
database connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of service attack. By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use our site will cease immediately.
Rules about linking to our site
You may link to our site, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is
not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without
notice.
The website in which you are linking must comply in all respects
with the content standards.
If you wish to link to or make any use of content on our site
other than that set out above, please contact us at hello@plasticsfree.co.uk.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use,
their subject matter and their formation, are governed by English law. You and
we both agree that the courts of England and Wales will have exclusive
jurisdiction except that if you are a resident of Northern Ireland you may also
bring proceedings in Northern Ireland, and if you are resident of Scotland, you
may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter
and their formation (and any non-contractual disputes or claims) are governed
by English law. We both agree to the exclusive jurisdiction of the courts of
England and Wales.
Trade Marks
We are in the process of registering trade marks in respect of
our name and logo. You are not permitted to use them without our approval.
B
Plastics Free Limited Terms and Conditions of Supply
General statement about our terms and our supplier’s terms
Please note that we act as an agent for our suppliers whom we
allow to list and sell their products on our site at /. While we help
facilitate transactions that are carried out on our site as the seller’s agent,
we are not the seller of the supplier's items. Accordingly, the contract formed
at the completion of a sale for these supplier products is between you as the
buyer and our supplier as the seller. It is subject to the supplier’s terms
available upon request by email to us at hello@plasticsfree.co.uk.
We want you to have a good experience using our site so please
let us know if you have any issues with our supplier or the supplier terms and
we will use our reasonable endeavors to assist in resolving these.
Also, if for any reason there are no supplier terms, or we agree
to sell products directly to you, then our terms and conditions set out below
will apply and form the basis of the contract between us.
1.
These terms
1.1. What these terms cover. Subject to the general statement
above concerning our supplier’s terms, 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 Plastics Free Limited a company
registered in England and Wales. Our company registration number is 10627883
and our registered office is at 32 Southstand, London N5 1EY.
2.2. How to contact us. You can contact us by email our customer
service team at hello@plasticsfree.co.uk or by post using the above address.
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 a credit reference we have obtained for you does not meet our minimum
requirements, 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.
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. Although we have
made every effort to be as accurate as possible, all sizes, weights,
capacities, dimensions and measurements indicated on our website have a 5%
tolerance.
4.2 Product packaging may vary. The packaging of the product may
vary from that shown in images on our website.
4.3Making sure your measurements are accurate. If we are making
the product to measurements you have given us you are responsible for ensuring
that these measurements are correct. You can find information and tips on how
to measure on our website or by contacting us.
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 clause8.-
Your rights to end the contract).
6.
Our rights to make changes
6.1 Minor changes to the products. We may change the product or
these terms:
a) to reflect changes in relevant laws and regulatory
requirements; and
b) to implement minor technical adjustments and improvements,
for example to address a security threat. We will make every reasonable effort
to prevent these changes affecting your use of the product.
6.2 More significant changes to the products and these terms. In
addition, we may make more material 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.
6.3 Updates to digital content. We may update or require you to
update digital content, provided that the digital content shall always match
the description of it that we provided to you before you bought it.
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.
a) If the products are goods. If the products are goods 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 OR we will contact you with an
estimated delivery date OR to agree a delivery date, which will be within 30
days after the day on which we accept your order unless we agree otherwise with
you.
b) If the products are one-off services. We will begin the
services on the date set out in the order OR on the date we accept your order
OR on the date agreed with you during the order process. The estimated completion
date for the services is as told to you during the order process.
c) If the product is a one-off purchase of digital content. We
will make the digital content available for download by you as soon as we
accept your order.
d) If the products are ongoing services or a subscription to
receive goods or digital content. We will supply the services, goods or digital
content to you until either the services are completed or the subscription
expires (if applicable) or you end the contract as described in clause8. or we
end the contract by written notice to you as described in clause 10..
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. Unless specifically agreed with us or one
of our suppliers, you will not be able to collect products from our premises.
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, we 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 clause10.2
will apply.
7.7 Your legal rights if we deliver goods late. You have legal
rights if we deliver any goods late. If we miss the delivery deadline for any
goods then you may treat the contract as at an end straight away if any of the
following apply:
a) we have refused to deliver the goods;
b) delivery within the delivery deadline was essential (taking
into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery
within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to
treat the contract as at an end straight away, or do not have the right to do
so under clause 7.7, you can give us a new deadline for delivery, which must be
reasonable, and you can treat the contract as at an end if we do not meet the
new deadline.
7.9 Ending the contract for late delivery. If you do choose to
treat the contract as at an end for late delivery under clause 7.7 or clause
7.8, you can cancel your order for any of the goods or reject goods that have
been delivered. If you wish, you can reject or cancel the order for some of
those goods (not all of them), unless splitting them up would significantly
reduce their value. After that we will refund any sums you have paid to us for
the cancelled goods and their delivery. If the goods have been delivered
to you, 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 email us
at hello@plasticsfree.co.uk for a return label or to arrange collection or
contact us by post.
7.10 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.
7.11 When you own goods. You own a product which is goods once
we have received payment in full.
7.12 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, if there is reasonable access to your premises for the
delivery of large or heavy items. If so, this will have been stated in the
description of the products on our website. We will contact you in writing 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 clause10.2 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.
7.13 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 clause6.).
7.14 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 30 days 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 30 days and we will refund any sums you have paid in
advance for the product in respect of the period after you end the contract.
7.15 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
clause12.4) and you still do not make payment within 15 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 clause11.;
b) If you want to end the contract because of something we have
done or have told you we are going to do, see clause8.2;
c) If you have just changed your mind about the product, see
clause8.3. 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 clause8.6.
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 significant change to the
product or these terms which you do not agree to (see clause6.2);
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 30 days; or
e) you have a legal right to end the contract because of
something we have done wrong (including because we have delivered late (see
clause7.7).
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) unreturnable products as set out in the product descriptions
on our site.
b) services, once these have been completed, even if the
cancellation period is still running;
c) products sealed for health protection or hygiene purposes,
once these have been unsealed after you receive them;
d) sealed audio or sealed video recordings or sealed computer
software, once these products are unsealed after you receive them; and
e) 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 digital content for download or streaming If
so, you have 10 days after the day we email you to confirm we accept your
order, or, if earlier, until you start downloading or streaming. If we
delivered the digital content to you immediately, and you agreed to this when
ordering, you will not have a right to change your mind.
c) Have you bought goods If so you have 14 days after the day
you (or someone you nominate) receives 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 clause8.1), 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 (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 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 doing one of the following:
a) Email us at hello@plasticsfree.co.uk. Please provide your
name, home address, details of the order and, where available, your phone
number and email address.
b) Online. Complete contact form.
c) By post. 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 to provided brands
address shown 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;
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.
For information about what handling is acceptable and examples]. 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) 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.
c) 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.
Please see generally our refunds policy.
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 15 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, whether there is access to your premises for the delivery of large
or heavy items;
c) you do not, within a reasonable time, allow us to deliver the
products to you or collect them from us;
d) you do not, within a reasonable time, allow us access to your
premises to supply the services; or
e) you are otherwise in material breach of this contact and do
not remedy that breach within 15 days of notice to do so.
10.2 You must compensate us if you break the contract. If we end
the contract in the situations set out in clause10.1 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.
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
hello@plasticsfree.co.uk or at the address shown above.
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:
- up to 30 days: if your goods are faulty, then you can get an
immediate refund. - up to six months: if your goods can't be repaired or replaced, then you're entitled to a
full refund, in most cases.
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.
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:
if your digital content is faulty, you're entitled to a repair or a replacement.
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
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:
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.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
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. We will pay the costs
of postage or collection. Please email us at hello@plasticsfree.co.uk for a
return label or to arrange collection.
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 clause12.3
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. 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.
12.4 When you must pay and how you must pay. We accept payment
with those payment methods set out on our site. When you must pay depends on
what product you are buying:
a) For goods, you must pay for the products before we dispatch
them. We will not charge your credit or debit card until we dispatch the
products to you.
b) For digital content, you must pay for the products before you
download them.
c) For services, we will invoice you weekly in arrear for the
services until the services are completed. You must pay each invoice within 15
calendar days after the date of the invoice.
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 2% a year above the base lending rate of Lloyds 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.
2.7 Klarna In cooperation with Klarna Bank AB (publ), Sveavägen
46, 111 34 Stockholm, Sweden, we offer you the following payment options.
Payment is to be made to Klarna:
Pay Later
Further information and Klarna’s user terms you can find here. General
information on Klarna can be found here.
Your personal data is handled in accordance with applicable data protection law
and in accordance with the information in Klarnas
privacy statement.
13.
Our responsibility for loss or damage suffered by you
13.1 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. In particular we are not
responsible for (i) losses that were not caused by any breach on our part, or
(ii) any indirect or consequential losses that were not foreseeable to both you
and us when the contract for the sale of products by us to you was
formed.
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 as summarised at clause11.2
and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If we are
providing services in your property, we will make good any damage to your
property caused by us while doing so. However, we are not responsible for the
cost of repairing any pre-existing faults or damage to your property that we
discover while providing the services.
13.4 If defective digital content which we have supplied damages
a device or digital content belonging to you and this is caused by our failure
to use reasonable care and skill we will either repair the damage or pay you
compensation. However, we will not be liable for damage which you could have
avoided by following our advice to apply an update offered to you free of
charge or for damage which was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
13.5 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, revenue, contracts, anticipated savings, data, goodwill,
wasted expenditure, loss of business, business interruption, or loss of
business opportunity.
14.
How we may use your personal information
14.1 How we will use your personal information. We will use the
personal information you provide to us:
a) to supply the products to you or arrange for our suppliers to
do so;
b) to process your payment for the products; and
c) if you agreed to this during the order process, to give you
information about similar products that we provide, but you may stop receiving
this at any time by contacting us.
14.2 We may pass your personal information to credit reference
agencies. Where we extend credit to you for the products we may pass your
personal information to credit reference agencies and they may keep a record of
any search that they do.
14.3 We will only give your personal information to other third
parties where the law either requires or allows us to do so.
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. 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 Children. We do not sell products for purchase by children.
We sell children's products for purchase by adults. If you are under 18 you may
use the our site to purchase products or services only with the involvement of
a parent or guardian.
15.5 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.
15.6 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.
15.7 Which laws apply to this contract and where you may bring
legal proceedings. These terms are governed by English law and you and we can
bring legal proceedings in respect of the products in the English courts. If
you live in Scotland you and we can bring legal proceedings in respect of the
products in either the Scottish or the English courts. If you live in Northern
Ireland you and we can bring legal proceedings in respect of the products in
either the Northern Irish or the English courts.
Schedule Model Cancellation Form
(Complete and return this form only if you wish to withdraw from
the contract)
To Plastics Free Limited 32 Southstand, London N5 1EY email hello@plasticsfree.co.uk
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),