Website terms and conditions of supply of goods
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed on our website (our site) to you.
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 our site. Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. 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, and any Contract between us, are only in the English language.
1. Information about us
We operate the website (www.wearerework.co.uk). We are Re-Work Leeds Community Interest Company, a company registered in England and Wales under company number 06341415 and with our registered office at Unit 15, Hunslet Trading Estate, Severn Way, Hunslet, Leeds LS10 1BL.
2. Our Goods
2.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the Goods accurately, we cannot guarantee that your computer's display accurately reflects the Goods. Your Goods may vary slightly from those images.
2.2 Any packaging of the Goods may vary from that shown on images on our site.
2.3 All Goods shown on our site are subject to availability. We will inform you by email as soon as possible if the Goods you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy [INSERT LINKS]. 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 our Privacy Policy [INSERT LINK]. Please take the time to read these, as they include important terms which apply to you.
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Goods from our site if you are at least 18 years old.
5.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.3 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
6.2 These Terms and any document expressly referred to therein constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 The steps you need to take to place on order on our site are explained on our site.
7.2 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.
7.3 After you place an order, you shall receive an email from us acknowledging that we have received your order. Once we send such acknowledgment of order, the Contract is formed.
7.4 If we are unable to supply you with a Goods, for example because that Goods is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us.
9. Your cancellation and refund rights if you are a consumer
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a 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.
9.2 Your legal right to cancel a Contract starts from the date on which we send an acknowledgment of your order, which is when the Contract between us is formed. If the Goods have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.3 To cancel a Contract, you must contact us in writing by sending an email to ([email protected]) or by contacting our Customer Services telephone line. You may wish to keep a copy of your cancellation notification for your own records.
9.4 You may receive a full refund of the price you paid for the Goods. We reserve the right to charge you any applicable delivery charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3. If you returned the Goods to us because they were faulty or mis-described, please see clause 14.4 which applies in such circumstances.
9.5 In the case of new Goods, if you have returned the Goods to us under this clause 9 because they are faulty or mis-described, we may at our discretion replace the Goods or refund the price of the Goods in full, together with any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.6 We refund you on the credit card or debit card used by you to pay.
9.7 If the Goods were delivered to you:
(a) you must return the Goods to us as soon as reasonably practicable;
(b) unless the Goods are faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Goods to us;
(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
9.8 As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Delivery
10.1 We shall ensure that on each delivery of Goods, a delivery note is signed.
10.2 We shall deliver the Goods to the location set out in the order or such other location as the parties may agree (Delivery Location) at any time after we notify you that the Goods are ready. If agreed, you shall collect the Goods from our premises or such other location as may be advised by us prior to delivery (Delivery Location) on such date as we specify (Collection Date).
10.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location or on the Collection Date, as appropriate.
10.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.5 If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.6 If you fail to take or accept delivery of the Goods on the Collection Date or such other date as agreed, or to provide adequate delivery instructions, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with the obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed; and
(b) we shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
10.7 If 7 Business Days after the Collection Date or such other day on which we notified you that the Goods were ready for delivery you have not taken or accepted delivery of them, we may resell or otherwise dispose of part or all of the Goods.
10.8 You shall not be entitled to reject the Goods if we deliver up to and including 5% more or less than the quantity of Goods ordered.
10.9 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
11. No international delivery
Unfortunately, we do not deliver to addresses outside the UK.
12. Price of goods and delivery charges
12.1 The prices of the Goods will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Goods(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Goods may change from time to time, but changes will not affect any orders which we have acknowledged in writing.
12.3 The price of a Good excludes VAT (where applicable), packaging and insurance.
12.4 The price of a Good does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT HYPERLINK].
12.5 Our site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Good's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods 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 Goods to you at the incorrect (lower) price; and
(b) if the Good'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 Goods 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.
12.6 We may invoice you for Goods at any time. We may request a non-refundable deposit from you in such sum as agreed from time to time, which shall be payable by you prior to delivery of the Goods.
13. How to pay
13.1 You can only pay for Goods using the following debit card or credit cards (or by way of such other payment method as agreed): [LIST OF CREDIT AND DEBIT CARDS].
13.2 Payment for the Goods and all applicable delivery charges is in advance unless otherwise agreed. We may charge your debit card or credit card before we dispatch your order.
13.3 You shall pay any invoice of ours in full and in cleared funds within 7 days of the date of the invoice. Payment shall be made to the bank account nominated in writing by us. Time of payment is of the essence.
13.4 If you fail to make any payment due to us under the Contract by the due date for payment (due date), then you shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such 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 shall pay the interest together with the overdue amount.
13.5 You shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to us by you against any amount payable by us to you.
14. Manufacturer guarantees
14.1 New Goods we sell to you may 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.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to 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.
14.3 Second hand Goods are sold ‘as seen’. No warranties or guarantees are given in respect of such Goods and they may not be returned to us, however we would endeavour to replace such Goods on a like for like basis subject to availability.
14.4 If:
(a) you give us written notice within 24 hours of delivery that all or any new Goods delivered do not comply with the warranties or guarantees set out herein; and
(b) we are given reasonable opportunity to examine such Goods; and
(c) you return the Goods to us at your cost,
then we shall at our option repair or replace the defective new Goods or refund the price of such Goods in full. Clause 14.4 does not apply to second hand Goods, which are sold ‘as seen’ and cannot be returned.
15. Our warranty for the Goods
15.1 For new Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers;
(e) any specification provided by you; or
(f) second hand Goods.
15.3 If you are a consumer, this warranty is in addition to 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.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude 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 goods under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, 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.
16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you 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 in no circumstances exceed the price of the Goods.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We 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 goods under the Consumer Protection Act 1987.
18. Events outside our control
18.1 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 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
19. Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include email.
19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Re-Work Leeds Community Interest Company at Unit 15, Hunslet Trading Estate, Severn Way, Hunslet, Leeds LS10 1BL or ([email protected]). We will confirm receipt of this by contacting you in writing, normally by email. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
19.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20. Title and risk
20.1 The risk in the Goods shall pass to you on delivery.
20.2 Title to the Goods shall not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.
20.3 Until title to the Goods has passed to you, you shall:
(a) hold the Goods on a fiduciary basis as our bailee;
(b) store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) give us such information relating to the Goods as we may require from time to time,
but you may resell or use the Goods in the ordinary course of your business.
20.4 If before title to the Goods passes to you, you become subject to any of the events listed in clause 21.2, or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, enter any premises of yours or of any third party where the Goods are stored in order to recover them.
21. your insolvency or incapacity
21.1 If you become subject to any of the events listed in clause 21.2, or we reasonably believe that you are about to become subject to any of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all deliveries under the Contract or under any other contract between you and us without incurring any liability to you, and all outstanding sums in respect of Goods delivered to you shall become immediately due.
21.2 For the purposes of clause 21.1, the relevant events are:
(a) You suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
(b) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your company, other than for the sole purpose of a scheme for a solvent amalgamation of your company with one or more other companies or the solvent reconstruction of your company;
(c) (being an individual) you are the subject of a bankruptcy petition or order.
21.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
22. Other important terms
22.1 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.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 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.
22.5 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.
22.6 If you are a consumer, 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.
22.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.