Terms & conditions of sale.
Website Terms and Conditions
These are the Terms and Conditions of Sale for Car seat covers direct.com to which all online purchases are subject. We will also be identified in these Terms & conditions as CSCD.
1.a. In these Conditions, the following definitions shall apply:
Approved Partner: a third party seller who sells Goods to Customers using the Marketplace.
Business Days: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14.
Contract: the contract between us and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer, you, your: the person who purchases the Goods from us.
Event Outside Our Control: has the meaning given in clause 13.
Goods: the goods (or any part of them) set out in the Order.
Car seat covers Direct Limited (registered in Northern Ireland with company number NI 628005 with registered office address at 2nd Floor The Linenhall 32-38 Linenhall Street Belfast BT2 8BG
Car seat covers Direct Goods: Goods purchased on the Website from CSCD and not an Approved Partner.
Marketplace: the marketplace accessed via the Website through which CSCD facilitates transactions between Approved Partners and Customers.
Order: the Customer's order for the Goods submitted by the Customer online via the Website.
Website: means the website accessible at Carseatcoversdirect.com including the Marketplace.
We, us, our: Carseatcoversdirect.com or the Approved Partner as applicable to the Order.
1.b. In these Conditions, the following rules apply:
1.b.i. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.b.ii A reference to a party includes its personal representatives, successors or permitted assigns.
1.b.iii. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.b.iv A reference to writing or written includes e-mails.
2. The Contract
2.a. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are correct. Please read and check your Order before placing. You may only purchase Goods from us if you meet any legal age requirement necessary for the acquisition of the same.
2.b. The Order shall only be deemed accepted by us when you have paid for the Goods, monies received by us and the Goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does constitute legal acceptance by us of your Order. We will confirm our acceptance to you by sending you an email confirming that we have accepted the order. The Contract between us is formed when we send you the Order conformation by email or verbally by phone.
2.c. All Orders placed via the Website are subject to stock availability and to the validation checks described in Clause 5 below. In the unlikely event that you are able to place an Order for an item that is not available from stock, we will contact you as soon as possible. Depending on the time period for stock to arrive you may be given the option to wait for your items or your Order will be cancelled. In these circumstances, upon cancellation, you will be refunded in full.
2.d. The only language in which the Contract can be concluded is English.
2.e. We will retain details of your Order in our database and these details can be made available to you on request. Please contact our Customer Service team.
2.f. Where the Customer has been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Customers should consult the terms and conditions of the site in question for more information.
3. Product Information
3.a. Goods are described on the Website.
3.b. We reserve the right to amend the product description if required.
3.c. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
3.d. All weights and sizes are supplied as a guide only and are approximate.
3.e. Guided Sales, Buyers Guides either by photos Video or verbal have been produced by Carseatcoversdirect.com to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.
3.f. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and your credit/debit card or your Paypal account will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. Price Information
4.a. The price of the Goods is the price set out on the Website at the time you submit your Order. All prices are shown in Pounds Sterling.
4.b. The price of the Goods does not include delivery charges which will be as advised during the check-out process, before you confirm your Order.
4.c. The price of the Goods is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods in full before the change in VAT. VAT Carseatcoversdirect.com number is 210 9525 35.
4.d. The prices shown are only applicable to purchases made via the Website.
4.e. Special Offers and promotions. All offers are subject to availability and while stocks last.
5. Payment Information
5.a. Carseatcoversdirect.com accepts payment by most major credit or debit cards and Paypal. We regret that we are unable to accept payment online by cheque, cash, High Street Vouchers, Purchase Orders or any other form of payment. For more information about payment methods, please email us email@example.com.
5.b. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
5.c. In addition, to prevent fraudulent use of credit and debit cards, CSCD will validate the names, addresses and other information supplied during the Order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
6. Delivery of Goods
6.a. We deliver within the United Kingdom and Republic of Ireland the Channel Islands and BFPO.
6.b. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time.
6.c Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if delivery is delayed.
6.d However, in the event that delivery is delayed for next day/named day deliveries, our liability will be limited to a refund of the additional delivery surcharge paid.
6.d.i Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of our control.
6.d.ii. 3rd Party couriers can deliver direct delivery orders between the hours of 7am and 9pm.
6.e. Delivery of an Order shall be completed when we deliver the Goods to the delivery address given in the Order.
6.f. The Goods will be your responsibility from the time of delivery.
6.g. Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, signed for, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.
6.h. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or the Customer's failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.i If we miss our estimated delivery deadline for the Goods or, in the absence of any estimate being given the date 30 days after the Dispatch Confirmation, you may cancel your Order 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.
6.i If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.10 you can give us a new deadline for delivery which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
6.j If you do choose to cancel your Order for late delivery under clause 6.9 or clause 6.6, you can do so. If the Goods have been delivered to you, you will have to return them to us. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods only NOT the delivery.
7 . Refunds and Returns
7.a Bespoke products cannot be cancelled after a payment has been made.
7.b If you are a consumer and have purchased a Bespoke product from us by doing so you have agreed to our terms and conditions. This means that if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and will not receive a refund.
7.c However, this cancellation right does not apply in the case of the following which may only be returned if they are faulty:
(i) Bespoke or personalised and made-to-order products;
7.d Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. That is 14 days for stock goods and 24 hours for bespoke goods.
7.e To cancel a Contract with CSCD, you need to let us know that you have decided to cancel within 24 hours for Bespoke orders, 14 days for stock orders . If you wish to exercise this right, please contact the CSCD Customer Services Team, by phone or email. We will e-mail or phone you to confirm we have received your cancellation. If you are e-mailing us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you get your e-mail us before midnight on that day.
7.f If you have returned the Goods to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Goods in full.
7.g We will refund you on the credit card or debit card used by you to pay. If you used PayPal to pay for the Goods we may refund you by PayPal.
7.h unless the Goods are faulty or not as described (in this case, see clause 7.7, you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we may offer to collect the Goods from you in which case we will charge you the direct cost to us of collection which will be £15.
7.i Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Conditions.
8. After-sales Service and Guarantees
8.a. Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the Goods. In respect of CSCD Goods (only), CSCD will initially deal with after sales service and warranty/ guarantee claims.
`8.b. All warranties are non-transferable and only apply for the original Customer. Please note that, if you buy Goods with a CSCD warranty, we are guaranteeing that those Goods will work during the warranty period. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Goods are faulty or not as described.
8.c We are under a legal duty to supply goods that are in conformity with the contract.
8.d. If you have any further queries relating to CSCD Goods once you have spoken to us, please don't hesitate to contact us again.
9. Complaints and Queries
9.a.If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you.
9.b. If we have exhausted our internal complaints handling procedure and we inform you in an email that we cannot settle your complaint, you have the option of referring your complaint to an Alternative Dispute Resolution ("ADR") provider to deal with the same. We are not obliged to use a specific ADR provider or procedure, however, a list of certified providers can be found at www.tradingstandards.uk/advice/ADRApprovedBodies.cfm. Alternatively, you can refer the complaint to the EU Commission's Online Dispute Resolution (ODR) Platform at wwww.odreurope.com. Please note that we are not obliged to participate in ADR.
9.c. Your access to carseatcoversdirect.com may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.
10. Safe Shopping Guarantee
10.a. We have used every effort to ensure that shopping on the internet with CSCD is as safe as purchasing by card in at our premises. Our secure server software encrypts all of your personal information sent over the Internet. In processing your Order, your information may have to be sent over the internet more than once. At no point is your Order information sent in this way without encryption.
10.2. Although CSCD endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and CSCD cannot be held responsible for any breach of security unless it is due to our negligence.
11. Comodo Authentic Site
This Website has been issued with a Secure Server Digital Certificate by the online Certificate Authority Comodo and has been authorised to display the Comodo Authentic Site seal. The Comodo Digital ID is an electronic licence credential for online business. It confirms that the Website is a legitimate website and establishes an encrypted communication channel protecting all sensitive and personal information you send over the Internet while you are using this website.
The CSCD Website is operated by:
Car seat covers direct Limited
8a-8c Campsie Real Est
Registered in England and Wales, N Ireland. Company Number NI 62 8 005.
12.a If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
12.b We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.c We do not in any way exclude or limit our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(v) defective products under the Consumer Protection Act 1987.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
CSCD amends these Conditions from time to time. Each time you order Goods from us, the Conditions in force at the time of your Order apply to the Contract between you and us.
15. Communications between us
15.a. Any notice or other communication given to the Customer under or in connection with the Contract shall be by phone in writing including email, addressed to the Customer at the address that the Customer has specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
15.b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
15.c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Other Important Terms
16.a We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.
16.b You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
16.c Subject to clause 2.f, this Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.d Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.e If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.f These Terms are governed by English & N Ireland law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Last Updated: 14 May 2016
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