These Terms will apply to any contract between us for the sale of Goods to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from us. 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 Goods from us.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 9 September 2014.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
1.1 We are YPO Supplies Limited, a company registered in England under company number 09148392 ("YPOS" or "we"). Our registered office, and main trading address, is 41 Industrial Park, Wakefield, West Yorkshire, WF2 0XE. Our VAT number is 193 1055 20. We sell Goods through the website www.ypo.co.uk. ("the site") which is owned by and operated by Yorkshire Purchasing Organisation, a public sector procurement and reseller organisation ("YPO"). YPO also perform fulfilment services on our behalf.
1.2 Contacting us:
1.2.1 When we refer in these Terms, to "in writing", this will include e-mail. 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 correspondence address you provide to us in your order.
1.2.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to call the YPOS Customer Contact Centre on 01924 834 834. Alternatively, you can complete the cancellation form on our site, and/or contact our customer services team by e-mail at [email protected], or by post to YPO Supplies Limited, 41 Industrial Park, Kenmore Road, Wakefield WF2 0XE. If you are e-mailing or writing to us to cancel an order, please include details of your order, including your Premises Code and order number, to help us to identify your order.
1.2.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by calling the YPOS Customer Contact Centre on 01924 834 834, or by e-mailing us at [email protected], or by writing to us at YPO Supplies Limited, 41 Industrial Park, Kenmore Road, Wakefield WF2 0XE.
2 OUR GOODS
2.1 If you have viewed any of the Goods within a printed product catalogue published by YPO ("Catalogue"), please note the following:
2.1.1 only these Terms shall apply to the Contract, and the separate terms and conditions that appear in the Catalogue shall not apply; and
2.1.2 although we and YPO endeavour to ensure that the pricing information, product descriptions and associated images in the Catalogue are kept up-to-date, the information on the site will always be the most current and accurate source of pricing and product information. In the event of any conflict between the content of the Catalogue and the content of the site, the content of the site shall prevail (except in the event of a pricing error, in which case clause 10.5 will apply).
2.2 The images of the Goods on the site are for illustrative purposes only. Although we have made every effort to display the Goods accurately, we cannot guarantee that your device's display of the Goods is accurate. For example, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
2.3 The packaging of the Goods may vary from that shown on images on our site.
2.4 You may only purchase Goods from our site if you are at least 18 years old. Certain Goods on our site can only be purchased if you satisfy the legal age requirement for those Goods. We are not allowed by law to supply these Goods to you if you do not satisfy these age requirements. Applicable age requirements will be displayed on the site. If you are underage, please do not attempt to order these Goods through our site.
3 USE OF OUR SITE AND BASIS OF SALES
3.1 Your use of our site is governed by our terms of website use and website acceptable use policy. Please take the time to read these, as they include important terms which apply to you.
3.2 We supply the Goods to you under these Terms for domestic and private use only. You may not order the Goods from us under these Terms in the course of a commercial business, or for the purpose of resale of such Goods. We reserve the right to reject/cancel orders (as appropriate) if we reasonably determine that Goods are being ordered under these Terms in the course of a commercial business, or for resale.
3.3 We may from time to time introduce minimum order volumes in respect of certain Goods and/or orders, and we reserve the right to reject/cancel orders (as appropriate) if such minimum order volumes are not met.
4 HOW WE USE YOUR PERSONAL INFORMATION
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages on the site 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.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. The Contract will only be formed when we, or our appointed suppliers, despatch the Goods to you.
5.3 We will inform you if we are unable to supply you with any Goods, for example because those Goods are not in stock or are otherwise no longer available, because we cannot meet your requested delivery date for whatever reason or because of an error in the price on our site, as referred to in clause 10.5.
5.4 We will inform you by e-mail if we cancel your order because we are unable to supply you with any Goods. Alternatively, if we are unable to complete your order in part because we are unable to supply you with certain Goods, we will advise you on the delivery note of any Goods we are unable to supply you with, and cancel the part of the order relating to those unsupplied Goods. If you have already paid for any Goods we are unable to supply you with, we will refund you the amount paid for the unsupplied Goods as soon as possible.
5.5 Where you order Goods that are to be supplied by our third party manufacturers and suppliers, you will be informed if we are unable to supply you with any Goods, and arrangements will be made to refund the amount paid for any unsupplied Goods as soon as possible.
6 OUR RIGHT TO VARY THESE TERMS
6.1 We 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.
6.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may change these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to change 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 your order either in respect of all the affected Goods, or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any Goods you have already received, and we will arrange a full refund of the price you have paid.
7 YOUR RIGHT OF RETURN AND REFUND
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period(s) set out below in clause 7.3. 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 the Goods, 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.
7.2 However, please be aware that your legal cancellation right does not apply to Contracts for the supply of:
7.2.1 Goods which have been made-to-measure, or otherwise produced according to your specification;
7.2.2 sealed audio or sealed video recordings or sealed computer software, once these Goods are unsealed after you receive them; and
7.2.3 Goods which become mixed inseparably with other items after their delivery.
7.3 The period within which you can exercise your legal cancellation right starts from the date we deliver the Goods to you. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
||End of the cancellation period
|Your Contract is for a single item of Goods (which is not delivered in instalments on separate days).
||The end date is the end of 14 days after the day on which you receive the item of Goods. Example: if we despatch the Goods on 1 January and you receive the item of Goods on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
- one item of Goods, which is delivered in instalments on separate days.
- multiple items of Goods, which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
Example: if we despatch the Goods on 1 January and you receive the first instalment of your items of Goods or the first of your separate Goods on 10 January, and the last instalment or last separate item of Goods on 15 January, you may cancel in respect of all instalments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
7.4 Please follow the process set out in clause 1.2.2 to cancel a Contract. If you cancel the Contract in writing, we will e-mail you to confirm we have received your cancellation, and your cancellation will be effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period, or e-mail us before midnight on that day.
7.5 If you cancel your Contract we will refund you the price you paid for the Goods, (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. See our returns section for information about what handling is acceptable and examples;
7.6 We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
7.6.1 if you have received the Goods and we have not offered to collect them from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return the Goods to us, see clause 7.8;
7.6.2 if you have not received the Goods, or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the Contract.
7.7 We will refund you on the credit card or debit card used by you to pay for the Goods.
7.8 If the Goods have been delivered to you before you decide to cancel your Contract:
7.8.1 then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. The easiest way to arrange this is to call the YPOS Customer Contact Centre on 01924 834834. Alternatively, please refer to our returns advice online at www.ypo.co.uk/returns for further details. If you are emailing us or writing to us, please include details of your order, including your Premises Code and order number (which can be found on your order confirmation and delivery note) to help us to identify your order.
7.8.2 Goods must be returned through our authorised carrier(s). Please contact YPOS Customer Contact Centre for instructions, and see our returns section for our returns address, printable returns labels and information about our authorised carrier(s), and how to arrange a return. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
7.9 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 Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full, and you will not be charged for collection of the goods.
8.1 Following your order we will contact you with an estimated delivery date. If you place an order for Goods we routinely hold in stock, we will send you a Delivery Confirmation with the estimated delivery date. Alternatively, if you place an order for Goods despatched by our third party suppliers or manufacturers, you will receive a Customer Acknowledgement with an estimated delivery date or timescale.
8.2 Unless we advise otherwise, delivery will be within thirty (30) days of the date of your order. Goods which are made to your order, and/or which are dispatched directly to you by a third party supplier or manufacturer may have longer delivery periods attached, but we will advise you of any extended delivery times when you order. Occasionally, our deliveries to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
8.3 If no one is available at your address to take delivery, our authorised carrier will leave you a non-delivery card confirming that the Goods have been returned to their premises, in which case, please follow the instructions on your non-delivery card to rearrange re-delivery, which may involve contacting our authorised carrier to make the necessary arrangements.
8.4 Delivery of an order shall be completed when we deliver the Goods to the address you gave us, and the Goods will be your responsibility from that time.
8.5 If we have not delivered any Goods on or before our estimated delivery date for any Goods, then you may cancel your order, if any of the following circumstances apply:
8.5.1 we have refused to deliver the Goods;
8.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order where we have not delivered any Goods on or before our estimated delivery date, or you do not have the right to do so under clause 8.5, 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.
8.7 If you do choose to cancel your order for late delivery under clause 8.5 or clause 8.6, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to arrange for us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
9 NO INTERNATIONAL DELIVERY
9.1 We can only deliver the Goods in the United Kingdom, excluding those postcodes and locations listed as excluded postcodes.
9.2 You may place an order for Goods from outside the UK, but you must provide an address for delivery of the order which is within the area in which we deliver.
10 PRICE OF GOODS AND DELIVERY CHARGES
10.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of the Goods you ordered.
10.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of our Goods 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 may adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.4 Unless otherwise stated, the price of our Goods does not include delivery charges.
10.5 Our site contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error, and we will give you the option of continuing to purchase the Goods at the correct price, or cancelling your order. In such event we will not process your order until we have your further 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. Please note that 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 Goods to you at the incorrect (lower) price.
11 HOW TO PAY
You can only pay for Goods using a debit card or credit card. Details of the cards we accept as means of payment are as set out on the site. For the avoidance of doubt, alternative means of payment provided for in the Catalogue may not be accepted by YPOS.
12 MANUFACTURER GUARANTEES
12.1 Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
12.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13 OUR WARRANTY FOR THE GOODS
13.1 For Goods which do not have a manufacturer's guarantee, we provide a warranty that the Goods will be free from material defects on delivery. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 13.1 may not apply to any defect in the Goods arising from:
13.2.1 fair wear and tear;
13.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
13.2.3 if you fail to operate or use the Goods in accordance with the user instructions (including any recommended best before or use-by dates);
13.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
13.2.5 any specification provided by you.
13.3 If you are a consumer, the warranty in clause 13.1 is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14 OUR LIABILITY
14.1 If 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. 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 the Contract.
14.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes.
14.3 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.4.1 death or personal injury caused by our negligence;
14.4.2 fraud or fraudulent misrepresentation;
14.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.4.4 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); or
14.4.5 defective goods under the Consumer Protection Act 1987.
15 EVENTS OUTSIDE OUR CONTROL
15.1 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 is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including 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.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received, and we will refund the price you have paid.
16 OTHER IMPORTANT TERMS
16.1 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 Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased the Goods as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.
16.3 This Contract is between you and us. Except for as set out in clause 16.2, no other person shall have any rights to enforce any of its terms.
16.4 Each 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.
16.5 If 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.
16.6 Reproduction in whole or in part of these Terms or sales materials and documentation (including the Catalogue and the Site) is strictly prohibited without the express written permission of YPO or YPOS (as appropriate). All third party trade marks are published under licence or contract agreement.
16.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Goods 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 not a resident of England and Wales, you may also bring proceedings in the local courts of your own domicile.