1.1, "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4. "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Red Candy Ltd (registered in England no. 971831306) based at Red Candy Ltd, 516/517 The Greenhouse, The Custard Factory, 30 Floodgate Street, Birmingham. B9 4DP that owns and operates redcandy.co.uk
1.6. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. On receipt of an order, the Seller will send the buyer an automated email acknowledging receipt of said order. This email does not represent acceptance of the order by the seller.
3.3. The seller shall only be deemed to have accepted an order at the point the goods are despatched.
3.4. Where the Goods ordered by the Buyer are not available within the timescales in paragraph 8, the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days.
3.5. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Orders section within the website.
4. PRICE AND PAYMENT
4.1. The Price of the Goods shall be that stipulated on the Seller's Website. The Price excludes delivery charges.
4.2. The total purchase price, including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4. Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1. The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2. The Seller reserves the right to withdraw any goods from the Website at any time.
5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. AGE OF CONSENT
6.1. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
8.1.Goods supplied within the UK will normally be delivered within the estimated delivery time shown for the item ordered. Where multiple items are ordered the delivery time shall be deemed to be that of the longest delivery time shown for the items ordered.
8.2. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.3. The Seller shall use its reasonable endeavours to meet the estimated delivery date shown or any other date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery date.
8.4. Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.5. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. CANCELLATION AND RETURN
9.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3. If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email and returning the goods to the Seller within 30 days of receipt.
9.4. If you are NOT a consumer, the return of any goods is permitted only with the prior express consent of the seller; if such consent is given goods much be returned to the seller at the buyers expense in unused condition within 14 days of such consent being granted. A minimum restocking fee of 15% will be charged on all such returns. The seller reserves the right to increase this charge in the event of goods or packaging being returned opened or damaged.
9.5. In the case of cancellation under section 9.3, Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.6. Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.7. The Buyer should ensures all goods are returned in original packaging, including instructions, etc. The Buyer has a duty of care for the products during the cancellation period.
9.8. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
9.9. Refunds for returned goods can only be made to the credit/debit card which was used for the original purchase.
10.1. In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, to make enquiries with organisations including, but not limited to, Early Warning UK Ltd and Equifax PLC for the purposes of identity and address verification. These organisations will check any details we disclose to them against any databases (public or private) to which they have access and will keep a record of that check. They will also retain this information and may use it in the future to assist other companies with identity verification.
11. LIMITATION OF LIABILITY
11.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
17. WEEE Regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Recycling reduces the environmental and health risks associated with sending electrical goods to landfill.
Red Candy Ltd is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new Dualit Toaster from us we would accept their old toaster and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.