CONNELLY & CONNELLY LTD. (C&C MIELE) STANDARD CONDITIONS FOR THE SALE OF GOODS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.connellymiele.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
- INFORMATION ABOUT US
- www.connellymiele.co.uk is a site operated by C&C MIELE (we). We are registered in England and Wales under company number 103933105 and with our registered office at Unit 22, Lucas Works, Sheffield Road, Dronfield, S18 2GG. Our VAT number is 253631613. Our email address which you may use to contact us is: firstname.lastname@example.org.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- All orders are subject to acceptance by us.
- If we reject your order our website will display a page acknowledging your order but advising you that we have rejected it.
- If we accept your order we will send you an email (the Order Confirmation) acknowledging your order and confirming our acceptance of it. Our Order Confirmation will also advise you that we have taken payment for the Product or Products that you have ordered. The contract between us (Contract) will be formed when we send you the Order Confirmation.
- A guide to the different steps that you must take for a Contract between us to be formed is available on the home page of the On-line store click here.
- For one year we will retain details of the Contract with you which will be accessible by us. We will provide such details to you on request.
- The Contract between us will be formed in the English language.
- CANCELLATION RIGHTS
- If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
- To cancel a Contract, you must inform us of your decision to cancel by a clear statement in writing or by e-mail to email@example.com . You must also return the Product(s) to us without undue delay (and in any event no later than 14 days after informing us of your decision to cancel, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to handle and take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If the value of the Products is diminished as a result of your unnecessary handling of them, we may recover such diminished value from you either directly or by reducing the value of any refund due to by that amount.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
- AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then no later than 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
- If the Product(s) that you order are unavailable for delivery by us within the time period specified in clause 4.1, we will inform you and refund your payment as soon as possible. We will in any event refund your payment within 30 days of the delivery date set out in the Order Confirmation, or if no delivery date is specified in the Order Confirmation within 60 days of the date of the Order Confirmation.
- If the Product(s) that you order are unavailable for delivery by us within the time period specified in clause 4.1 we will not provide substitute goods for the Product(s) unless you request us to do so.
- RISK AND TITLE
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- PRICE AND PAYMENT
- The price of any Products will be as quoted on our site from time to time, except in cases of obvious error, and will include VAT.
- Information on any Product shown on our site will include a statement as to whether delivery is included in the Product price, or whether an additional delivery charge is payable. Where delivery is not included in the Product price, the delivery charge will be added to the total amount due as set out in our Delivery Guide. Please refer to our Delivery Guide for details.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing.
- Payment for all Products must be by credit or debit card. Please refer to the product page of our website for a list of cards that we accept. We will charge your credit or debit card when we confirm our acceptance of your order via Order Confirmation.
- OUR REFUNDS POLICY
- When you return a Product to us because you have cancelled the Contract within the fourteen day cooling-off period, we will process your refund within 14 days of the date that you cancel. We will refund you the full price of the Product, including the cost of sending the Product to you (unless you chose a delivery method other than the least expensive type of standard delivery offered by us, in which case we shall refund you an amount no less than the cost of the least expensive type offered). Our payment of your refund does not depend on prior receipt by us of the returned Product from you. However you should return the Product to us within 14 days of the date that you cancel. Unless clause 4.3 applies you will be responsible for the cost of returning the Product to us.
- When you return a Product to us after the fourteen day cooling-off period for any reason (for example because you claim that the Product is defective), we will examine the returned Product and will advise you whether you are entitled to a refund by e-mail within a reasonable period of time. We will process any refund due to you within 30 days of our confirmation of your entitlement to a refund. Where we confirm your entitlement to a refund, we will refund you in full for the Product, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the Product.
- We will refund any money received from you using the same method originally used by you to pay for your purchase, unless you have expressly agreed otherwise. In any event you will not incur any fees as a result of the refund.
- OUR LIABILITY
- We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Please refer to your Miele Guarantee leaflet for details of our standard warranty, and for options to buy extended warranties.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- This does not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 8.4.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Miele Company Limited at the postal or e-mail address set out in clause 1. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.
- 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 events outside our reasonable control (Force Majeure Event).
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
You may address any complaints to us at our address set out in clause 1.
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Connelly & Connelly Ltd. stands by delivering high quality products which typically last longer thereby minimising the contribution to waste of end of life appliances.
In accordance with the 2007 WEEE Regulations when you buy a new domestic appliance (excluding vacuum cleaners) direct from Connelly & Connelly Ltd. we will remove your old appliance, like for like, and ensure that it is disposed of in an environmentally friendly way, all free of charge. This includes refurbishing and reusing old appliances wherever possible, recovering materials which can be recycled and minimising what is finally consigned to landfill as waste.
Voucher codes offered by Connelly & Connelly Ltd. may only be redeemed against orders placed direct at the Miele website for the products listed for sale. Voucher codes have no cash value and cannot be refunded or credited against. Vouchers may only be used once and no credit will be given against part used vouchers. All vouchers have an expiry date normally indicated at the point of issue. The expiry date is set to allow a reasonable period of validity and expired vouchers will not be re issued or refunded. Connelly & Connelly Ltd. reserve the right to cancel or change, at any time, vouchers which have not been redeemed, even if this is within the valid period.