Enterprise Terms & Conditions

 

St Leonard’s Hospice Enterprise Limited
Terms and Conditions


 
This page (together with our Privacy Policy and Website Terms and Conditions) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
 
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 21st October 2014.
These Terms, and any Contract between us, are only in the English language.

1.Information about us

1.1We operate the website www.stleonardshospice.org.uk.  We are St Leonards Hospice Enterprises Limited, a company registered in England and Wales under company number 02589172.  Our registered office is situated at 185 Tadcaster Road, York, YO24 1GL. 

1.2Contacting us if you are a consumer:

(a)To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to notify us by email to enquiries@slhretail.co.uk or contact our Retail Team by telephone on 01904 788777. If you are emailing or writing to us please include details of your order to help us identify it. If you send us your cancellation notice by e-mail, then the cancellation is effective from the date you send the e-mail.  

(b)If you wish to contact us for any other reason, including any complaints, you can contact us by telephoning our Retail Team on 01904 788777 or by e-mailing us at enquiries@slhretail.co.uk.

(c)If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1.3Contacting us if you are a business. You may contact us by telephoning our Retail Team on 01904 788788 or by e-mailing us at enquiries@slhretail.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.3.

2.Products

2.1All images on the website will endeavour to match the products colouring where achievable through digital imaging.  However we cannot be held responsible for any inaccuracies as they are beyond our control.
 

2.2Images of the items will not always be to scale.  We will provide approximate measurements, where available, to assist you in choosing the most appropriate item for you.

2.3Due to the classification of the items they are subject to availability, which can change without notice.

2.4Should we be required to change any of the items specifications or details to conform to any EU or UK changes, we reserve the right to do so.

3.Use of our site

Your use of our site is governed by our Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.

4.How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.If you are a business customer
This clause 5 only applies if you are a business.

5.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2These Terms (and hence including our Privacy Policy and Website Terms and Conditions constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms (and hence including our Privacy Policy and Website Terms and Conditions.

5.4You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this Contract.

6.How the contract is formed between you and us

6.1Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2After you place an order, you will receive an e-mail from us acknowledging that we have received your order and that it has been accepted (Order Confirmation).  The Contract between us will only be formed once you have received this email.

6.3All orders will be subject to the level of stock that we hold; we have full discretion as to what level this shall be set at and we reserve the right to change the level of stock as and when we decide.

6.4If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

7.Our right to vary these Terms

7.1We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

7.2Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

7.3We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.

7.4If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8.Your consumer right of return and refund
This clause 8 only applies if you are a consumer.

8.1If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2Your legal right to cancel a Contract starts from the date of the Order 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. Your deadline for cancelling the Contract is set out in the table below:
 
Your Contract End of the cancellation period
Your Contract is for a Product or Products sent in one dispatch. The end date is the end of 30 days after the day on which you receive the Product.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 9th February.
 
8.3To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is by email at enquries@slhretail.co.uk or contact our Retail Team by telephone on 01904 788777. If you are e-mailing please include the following details: your order number, your name, delivery address, email address and order quantity so as to help us to identify it. If you wish to cancel by email, 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 e-mail us before midnight on that day.

8.4If you cancel your Contract we will:

(a)refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.

(b)refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

(c)make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)if you have received the Product and we have not offered to collect it from you: 14 days after 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 8.8;

(ii)if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

8.5If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

8.6We will refund you by the payment method used by you to pay.

8.7If a Product has been delivered to you before you decide to cancel your Contract:

(a)then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract. You can return it to us at the following address:
St Leonard’s Hospice Retail Office
12/14 York Road
Acomb
York
YO24 4LU
 
(b)unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us;

8.8Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.Delivery

9.1Please allow 3 – 5 working days for dispatch after the date of the Order Confirmation.

9.2Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

9.3You own the Products once we have received payment in full, including all applicable delivery charges.

10.No international delivery

10.1Unfortunately, we do not delivery to addresses outside mainland UK.

10.2You may place an order for Products from outside the UK, but this order must be for delivery to an address in mainland UK.

11.Price of products and delivery charges

11.1The prices of the Products will be as quoted on our site at the time you submit your order. We take care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

11.2Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

11.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4The price of a Product does not include delivery charges. Delivery costs will be added during the check-out process, before you confirm your order.

11.5It is always possible that, despite our reasonable efforts, the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)Where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Product to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product to you at the incorrect (lower) price; and

(b)If the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

12.How to pay

12.1The following payment methods are acceptable:

(a)Debit Card - there is no surcharge for paying via this method.

(b)Credit Card – there is no surcharge for paying via this method.

(c)Paypal - there is no surcharge for paying via this method.

Payments are taken at the stage an order has been placed.

13.Our liability if you are a business
This clause 13 only applies if you are a business customer.

13.1We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

13.2Nothing in these Terms limits or excludes our liability for:

(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d)defective products under the Consumer Protection Act 1987.

13.3Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)any loss of profits, sales, business, or revenue;
(b)loss or corruption of data, information or software;
(c)loss of business opportunity;
(d)loss of anticipated savings;
(e)loss of goodwill; or
(f)any indirect or consequential loss.

13.4Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

13.5Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

14.Our liability if you are a consumer

This clause 14 only applies if you are a consumer.
14.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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.

14.2We only supply the Products for domestic and private use. You agree not to use the product 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.

14.3We do not in any way exclude or limit our liability for:

(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)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
(e) defective products under the Consumer Protection Act 1987.

15.Communications between us

15.1When we refer, in these Terms, to "in writing", this will include e-mail.

15.2If you are a consumer you may contact us as described in clause 1.2.

15.3If you are a business:

(a)Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b)A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the (second) Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c)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.
(d)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

16.1We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.4Each of the paragraphs of these Terms 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.

16.5If we fail to insist that you perform any of your obligations under these Terms, 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.

16.6If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site 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.

16.7If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.8If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).