Terms & Conditions
Terms & Conditions for the Sale of Goods
THE CUSTOMER’S SPECIAL ATTENTION IS DRAWN TO CLAUSES 4, 5, 6, 8, 9, AND 10
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms, the following definitions apply:
- Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
- Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
- Charges: means:
- (a) the charges for the sale and purchase of the Equipment; and
- (b) any delivery charges,
- Confirmation: the written acceptance of the Order issued by Lockers 3000.
- Contract: the contract between Lockers 3000 and the Customer for the sale and purchase of the Equipment incorporating the Proposal and these Terms.
- Customer: the business to which Lockers 3000 wishes to provide the Equipment and which wishes to enter into a Contract with Lockers 3000.
- Despatch: means Equipment leaving the Premises.
- Despatch Date: means the date on which the parties have agreed that Despatch shall take place.
- Equipment: the goods (or any part of them) set out in the Order, having been referred to initially within the Proposal.
- Force Majeure Event: means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters, extreme or adverse weather conditions, or default of suppliers or subcontractors.
- General Conditions: the general conditions referred to in the Proposal.
- Group: means Lockers 3000, Lockers 3000’s holding company or subsidiary companies, and the subsidiary companies of Lockers 3000’s holding company.
- Installation: means the installation of the Equipment at the Site by the Supplied Personnel.
- Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Literature: Locker 3000's catalogues, brochures, websites or such other applicable sales or promotional literature, materials or publications.
- Lockers 3000: Lockers 3000 Limited, a company registered and incorporated in England and Wales with company number 1006595 and whose registered office is at 1a Roundhouse Court, South Rings Business Park Bamber Bridge, Preston, PR5 6DA.
- Loss: actions, awards, charges, claims, costs, damages, demands, expenses, fees, fines, liabilities, losses, penalties, proceedings and settlements and Losses shall be construed accordingly.
- Order: the Customer's written purchase order (in whatever form this may be and which shall for the avoidance of doubt include email) for the sale and purchase of the Equipment raised in response to the Proposal and in accordance with clause 2 below.
- Order Period: has the meaning given in clause 2.2.
- Premises: means the location at which the Equipment is situated and from which it shall be transported to the Site.
- Proposal: Lockers 3000’s written Proposal or proposal to provide the Equipment to the Customer incorporating these Terms.
- Site: means the location at which the Customer elects for the Equipment to be delivered and used as set out in the Proposal or otherwise agreed between the parties.
- Specification: any specification for the Equipment, including any related plans, images and other drawings, that is referred to in connection with the product code relating to the Equipment in question.
- Supplied Personnel: means the personnel supplied by Lockers 3000 to the Customer for the purposes connected with the Equipment as set out in the Proposal or otherwise envisaged by these Terms.
- Terms: the terms and conditions set out in this document as amended from time to time in accordance with clause 7.9.
- VAT: has the meaning given in clause 7.4.
- Warranty Period: has the meaning given in clause 5.3.
1.2 Interpretation
In these Terms, the following rules apply:
- (a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- (b) A reference to a party includes its personal representatives, successors or permitted assigns.
- c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
- (d) 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.
- (e) A reference to writing or written includes emails.
1.3 Conflict
In the event of any conflict between the provisions of the Proposal and these Terms, the provisions of the Proposal shall, save to the extent of any manifest or obvious error, take precedence to the extent of any conflict.
2. FORMATION AND BASIS OF THE CONTRACT
2.1
These Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2
The Proposal shall remain valid for a period of thirty (30) days unless otherwise specified, from the date specified on the Proposal (Order Period) unless revoked by Lockers 3000 in writing prior to acceptance of the Order.
2.3
The Order constitutes an offer by the Customer to purchase the Equipment in accordance with these Terms. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.4
The Order shall only be deemed to be accepted when Lockers 3000 issues the Confirmation, at which point and on which date the Contract shall come into existence.
2.5
The Customer acknowledges and agrees that, notwithstanding any contrary provision in the Order or Proposal, Lockers 3000 shall be entitled to amend the Contract or the Proposal in order to comply with any Applicable Laws.
3. EQUIPMENT
3.1
Lockers 3000 shall provide the Equipment in accordance with the Specification and any other applicable terms and conditions agreed between the parties.
3.2
The Customer acknowledges that the Equipment may differ slightly from the Specification and/or Literature due to manufacturing processes, changes in Applicable Laws or other reasons beyond Lockers 3000’s reasonable control.
4. CHARGES AND PAYMENT
4.1 Charges
The Customer shall pay the Charges in accordance with the terms set out in the Proposal.
4.2 Payment Terms
The Customer shall pay the Charges in full and in cleared funds within thirty (30) days of the date of Lockers 3000’s invoice unless otherwise specified in the Proposal. Time for payment shall be of the essence.
4.3 VAT
All Charges are exclusive of VAT which shall be payable by the Customer in addition to the Charges at the rate and in the manner prescribed by law.
4.4 Late Payment
If the Customer fails to make any payment due to Lockers 3000 under the Contract by the due date for payment, then, without limiting Lockers 3000’s remedies under clause 8, the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the base rate from time to time of Barclays Bank plc, accruing daily from the due date until the date of actual payment, whether before or after judgment.
4.5 Payment Terms
The Customer shall make all payments under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
5. DELIVERY AND INSTALLATION
5.1 Delivery
Delivery of the Equipment shall take place on the Despatch Date unless otherwise agreed by the parties. Risk in the Equipment shall pass to the Customer on Despatch.
5.2 Installation
If applicable, Lockers 3000 shall provide Installation services as specified in the Proposal. The Customer shall provide all necessary access and facilities for Lockers 3000 to carry out the Installation.
5.3 Warranty
Lockers 3000 warrants that the Equipment will, for a period of twelve (12) months from the Despatch Date (Warranty Period), be free from defects in material and workmanship and will conform in all material respects to the Specification. This warranty shall not apply in the event of any damage resulting from misuse, neglect or failure to follow Lockers 3000's instructions.
6. CUSTOMER'S OBLIGATIONS
6.1
The Customer shall:
- (a) co-operate with Lockers 3000 in all matters relating to the Equipment;
- (b) provide Lockers 3000, its employees, agents, consultants and subcontractors with access to the Customer's premises as reasonably required;
- c) ensure that the Customer's premises, including the Site, is suitable for the Installation and use of the Equipment;
- (d) provide such materials and other assistance as Lockers 3000 may reasonably require; and
- (e) ensure that all necessary consents and approvals are obtained in connection with the Installation and use of the Equipment.
7. INTELLECTUAL PROPERTY
7.1 Ownership
All Intellectual Property Rights in or arising out of or in connection with the Equipment (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Lockers 3000.
7.2 Licence
Lockers 3000 grants to the Customer a non-exclusive, non-transferable licence to use the Intellectual Property Rights in the Equipment solely for the purpose for which it was supplied and in accordance with the terms of the Contract.
8. LIMITATION OF LIABILITY
8.1
Nothing in these Terms shall limit or exclude Lockers 3000’s liability for:
- (a) death or personal injury caused by its negligence;
- (b) fraud or fraudulent misrepresentation; or
- c) any other liability which cannot be limited or excluded by Applicable Laws.
8.2
Subject to clause 8.1, Lockers 3000 shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, loss of anticipated savings, loss of goodwill or any indirect or consequential loss arising under or in connection with the Contract.
8.3
Subject to clauses 8.1 and 8.2, Lockers 3000’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Charges paid by the Customer under the Contract.
9. TERMINATION
9.1
Lockers 3000 may terminate the Contract with immediate effect by giving written notice to the Customer if:
- (a) the Customer breaches any term of the Contract and (if such breach is remediable) fails to remedy that breach within fourteen (14) days of receipt of a written notice requiring it to do so;
- (b) the Customer fails to pay any amount due under the Contract on the due date for payment;
- c) the Customer becomes bankrupt or insolvent, or enters into any arrangement with its creditors; or
- (d) the Customer ceases or threatens to cease to carry on its business.
9.2
On termination of the Contract for any reason:
- (a) the Customer shall immediately pay all outstanding invoices and interest due to Lockers 3000;
- (b) the Customer shall promptly return any Equipment that has not been delivered or installed;
- c) the Customer shall immediately cease to use any Intellectual Property Rights belonging to Lockers 3000.
10. FORCE MAJEURE
10.1
Lockers 3000 shall not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.
10.2
If Lockers 3000 is unable to perform its obligations under the Contract due to a Force Majeure Event, it shall notify the Customer as soon as reasonably practicable and shall take all reasonable steps to mitigate the effects of the Force Majeure Event.
11. CONFIDENTIALITY
11.1
Each party shall keep confidential all information disclosed by the other party that is marked as confidential or which ought reasonably to be considered confidential and shall not disclose such information to any third party without the prior written consent of the disclosing party.
11.2
The obligation of confidentiality shall not apply to information that:
- (a) is or becomes public knowledge other than through breach of this clause;
- (b) is already in the possession of the receiving party without obligation of confidentiality before the date of disclosure; or
- c) is required to be disclosed by law or by any regulatory authority.
12. DATA PROTECTION
12.1
Both parties shall comply with all applicable Data Protection Laws in the performance of their obligations under the Contract.
12.2
The Customer acknowledges that Lockers 3000 may collect and process personal data in connection with the Contract. Lockers 3000 shall ensure that any such data is processed in accordance with its privacy policy and applicable Data Protection Laws.
13. GENERAL
13.1 Entire Agreement
The Contract constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and arrangements (whether oral or written) relating to the subject matter of the Contract.
13.2 Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
13.3 No Waiver
No failure or delay by either party in exercising any right or remedy under the Contract shall operate as a waiver of that right or remedy or of any other right or remedy.
13.4 Severability
If any provision of the Contract is found by any court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed to be modified to the minimum extent necessary to make it valid, legal, and enforceable. If that is not possible, the provision shall be deemed to be deleted and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.5 Assignment
Lockers 3000 may assign or transfer its rights and obligations under the Contract to any third party. The Customer may not assign or transfer its rights and obligations under the Contract without the prior written consent of Lockers 3000.
LOCKERS 3000 ONLINE CONSUMER TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover and who we are. These are the terms and conditions on which Lockers 3000 Limited (company registered number 1006595), whose registered office is at 1a Roundhouse Court, South Rings Business Park, Bamber Bridge, Preston, Lancashire, PR5 6DA (VAT number 235 634 214) (We, Us, Our) supply the products (Products) appearing on https://www.lockers3000.com or such other website(s), application(s) or digital platforms operated by Us from time to time (Website) to you.
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 You are a consumer. As you are a consumer and not a business, you enjoy additional rights in some areas. If you are a business and you are reading the wrong terms then please have reference to the above.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 How to contact Us. You can contact Us by telephoning Our customer service team at 01772 322711 or by writing to Us at sales@lockers3000.com or at the address first set out above.
2.2 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.
2.3 "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. Please be aware that any order acknowledgement shall not constitute Our acceptance of your order.
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. We reserve the right to reject orders based on location, including but not limited to orders from a location with delivery restrictions at residential properties.
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 offer free delivery to the UK. Any deliveries in the UK must also be within normal working hours and to non-residential addresses only. Any deliveries outside the UK will be subject to further charges and we therefore ask that you contact us prior to delivery to arrange shipping costs.
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. The Product may vary slightly from those images due to manufacturing tolerances. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on Our website may be subject to certain percentage tolerance depending on the type of Product.
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on Our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact Us. We will let you know if the change is possible. If it is possible We will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Products. We may change the Product:
- 6.1.1 to reflect changes in relevant laws and regulatory requirements; and
- 6.1.2 to implement minor technical adjustments and improvements, which changes will not affect your use of the Product in a materially adverse way.
6.2 More significant changes to the Products and these terms. In addition, as We informed you in the description of the Product on Our website, We may have to make more significant changes to these terms or the specification of 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.
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. After the day on which We accept your order, We will either:
- 7.2.1 deliver the Products to you as soon as reasonably possible and in any event within 30 days;
- 7.2.2 contact you with an estimated delivery date or to agree a delivery date; or
- 7.2.3 request that you collect the products from the Premises specified in the Order.
7.3 We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our control (including by reason of Our suppliers or subcontractors) then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the Products from Our premises, then provided that We have agreed for you to do so, you can collect them from Us at any time during Our working hours of 09:00 – 17:00 on weekdays (excluding public holidays).
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 or Our manufacturer.
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 you will be responsible to pay any charges incurred by Us, We may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the Product. A Product will be your responsibility from the time We deliver the Product to the address you gave Us or you or a carrier organised by you collect it from Us.
7.8 When you own Products. You own a Product once We have received payment in full.
7.9 Reasons We may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- 7.9.1 deal with technical problems or make minor technical changes;
- 7.9.2 update the Product to reflect changes in relevant laws and regulatory requirements;
- 7.9.3 make changes to the Product as requested by you or notified by Us to you (see clause 6); or
- 7.9.4 deliver your Products to a remote or otherwise difficult to access location.
7.10 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, 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.
7.11 We may also suspend supply of the Products if you do not pay. If you do not pay Us for the Products when you are supposed to (see clause 12.4) and you still do not make payment within 10 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. 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:
- 8.1.1 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 to get some or all of your money back), see clause 11;
- 8.1.2 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;
- 8.1.3 If you have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
- 8.1.4 In all other cases (if We are not at fault and there is no right to change your mind), see clause 8.5.
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 8.2.5 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:
- 8.2.1 We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 6.2);
- 8.2.2 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;
- 8.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside Our control;
- 8.2.4 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
- 8.2.5 you have a legal right to end the contract because of something We have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- 8.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- 8.4.2 any Products which become mixed inseparably with other items after their delivery; and
- 8.4.3 made-to-order, bespoke and custom-made Products which are non-returnable unless faulty.
8.5 Ending the contract where We are not at fault and there is no right to change your mind. Even if We are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay Us compensation. A contract for Products is completed when the Product is delivered, paid for, and you have had the opportunity to inspect it and notify Us of any issues or discrepancies. If you want to end a contract before it is completed where We are not at fault and you do not have a right to change 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:
- 9.1.1 Phone or email. Call customer services on 01772 322711 or email Us at sales@lockers3000.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 9.1.2 Online. Complete the form on Our website available here [INSERT LINK TO ONLINE FORM].
- 9.1.3 By post. Write to Us at the address first set out above, 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 Products in person to the Premises specified in the Order or allow Us to collect them from you. Please call customer services on 01772 322711 or email Us at sales@lockers3000.com for a return label or to arrange collection. If you are exercising your right to change your mind you must return 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:
- 9.3.1 if the Products are faulty or misdescribed; or
- 9.3.2 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
- 9.3.3 if you are exercising your right to change your mind and the Products are being returned from within the UK.
9.4 When you must pay the costs of return. You must pay the costs of return:
- 9.4.1 if you are exercising your right to change your mind (in any circumstances) and you are not in the UK; and
- 9.4.2 in all other circumstances (including where you are exercising your right to change your mind), as set out in these terms.
9.5 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. We will inform you of the cost at the time of arranging the collection.
9.6 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.
9.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- 9.7.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, 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 Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
- 9.7.2 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.
9.8 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:
- 9.8.1 If We have not offered to collect the Products, 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.
- 9.8.2 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:
- 10.1.1 you do not make any payment to Us when it is due and you still do not make payment within 10 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, for example, delivery address, dimensions or other such information necessary for Us to deliver the Products or to provide any of the related services;
- 10.1.3 you do not, within a reasonable time, allow Us to deliver the Products to you or collect them from Us; or
- 10.1.4 you do not, within a reasonable time, allow Us access to your premises to supply the services.
10.2 You must compensate Us if you break the contract. If We end the contract in the situations set out in clause 10.1 We will refund any money you have paid in advance for Products We have not provided but We may deduct or charge you reasonable compensation for the net costs We will incur as a result of your breaking the contract.
10.3 We may withdraw the Product. We may write to you to let you know that We are going to stop providing the Product. We will let you know at least 14 days in advance of Our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell Us about problems. If you have any questions or complaints about the Product, please contact Us. You can telephone Our customer service team at 01772 322711 or write to Us at sales@lockers3000.com or 10 Tustin Court, Port Way, Preston, PR2 2YQ.
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.
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:
- 11.2.1 Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- 11.2.2 Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- 11.2.3 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.
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 the Premises specified in the Order or allow Us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01772 322711 or email Us at sales@lockers3000.com 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 in the Order when you placed your Order, unless We have agreed another price in writing. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if We discover an error in the price of the Product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date We supply the Product, We will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
12.3 What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. 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 [PAYMENT METHODS]. 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.
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 3% a year above the base lending rate of [YOUR BANK] from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for 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.
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 clause 11.2 and for defective Products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. As you have indicated that you are a consumer We are only supplying the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How We will use your personal information. We will use the personal information you provide to Us:
- 14.1.1 to supply the Products to you;
- 14.1.2 to process your payment for the Products; and
- 14.1.3 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 suppliers. We may pass information on to suppliers and third parties for the purpose of delivery and fulfilling the Order.
14.3 We will only give your personal information to other third parties where the law either requires or allows Us to do so or in accordance with Our Privacy Policy available via https://www.lockers3000.com/privacy-policy.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this contract to someone else. We may transfer Our rights and obligations under these terms to another organisation. We will contact you to let you know if We plan to do this. If you are unhappy with the transfer you may contact Us to end the contract within 7 days of Us telling you about it and We will refund you any payments you have made in advance for Products not provided.
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, such agreement not to be unreasonably withheld or delayed by Us.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and Us. No other person shall have any rights to enforce any of its terms. 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.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to provide the Products, We can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. 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.
Schedule 1 - Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: C S Storage Limited (company registered number 05281274)
1a Roundhouse Court, South Rings Business Park, Bamber Bridge, Preston, Lancashire, PR5 6DA
sales@lockers3000.com
01772 322711
I/We [*] hereby give notice that I/We [*] cancel my/Our [*] contract of sale of the following goods: [INSERT DETAILS]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.