Terms and Conditions (as revised 29/12/2015)
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 for future reference.
We amend these Terms from time to time as set out in clause 8. 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 [INSERT DATE].
These Terms, and any Contract between us, are only in the English language.
Information about us
We operate the following website domains: [www.mrgregor.co.uk] and [www.mrgregor.com]. We are Mr. Gregor LTD, a company registered in England and Wales under company number  and with our registered office at [Britannia Mill, Willow Street, Oldham, West Midlands, OL1 3QB]. [Our main trading address is [TRADING ADDRESS – KIEDY JUZ BEDZIESZ MIAL UNIT].
Contacting us if you are a consumer:
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 complete the “Cancellation form” INSERT LINK TO FORM] and send it to our registered office address by post (“Cancellation Notice”). Your Cancellation Notice is effective from the date we receive it.
Upon receipt of the Cancellation Notice we will contact you to arrange collection and return of the Products and pending collection you must retain the Products and take all the reasonable care of them. Provided that the Products are received by us in the condition that they were in when they were delivered to you, we will refund to you all the monies paid by you for the Products in question, excluding the original delivery charge and the cost of collection and return of the Products.
The refund will be made in the same form of payment originally used for the purchase, as soon as possible.
If the Products have suffered damage or wear and tear whilst in your care we reserve the right to deduct the costs of repair from any refund due to you.
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.
Contacting us if you are a business. You may contact us by telephoning our customer service team at [07434 603970] or by e-mailing us at [email@example.com]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.3.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Use of our site
Your use of our site is governed by our Terms of website use [INSERT LINK TO Terms of Website Use]). Please take the time to read this, as this include important terms which apply to you.
How we use your personal information
If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if:
you are at least 18 years old;
you are legally capable of entering into binding contracts; and
all information that you have provided to us, including, without limitation, your name, payment details, delivery address, e-mail address and telephone number are genuine and accurate.
If you are a business customer
This clause 6 only applies if you are a business.
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 Products.
You 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.
How the contract is formed between you and us
Our 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.
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. Our acceptance of your order will take place as described in clause 7.3.
We will confirm our acceptance to you by sending you an e-mail that confirms that order has been received and be have begun processing your payment in accordance with the payments terms set out in clause 13 (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation and relate only to those Products we have referred to therein.
If we are unable to supply you with a Product because any of the following:
that Product is not in stock;
that Products is no longer available;
that Product was incorrectly described or priced on our site;
we cannot meet your requested delivery date;
we do not deliver to your area;
the payment transaction is not authorised; or
you have not complied with any of the conditions contained in the Terms,
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. We will not be obliged to offer any additional compensation for disappointment suffered.
Our right to vary these Terms
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.
Every 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.
We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
If 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.
Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
We operate a continuous policy of Product improvement and we therefore reserve the right to vary the specification of any Product from that displayed on our site, provided that the overall quality of the Product shall remain unaltered.
If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.4. 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.
However, this cancellation right does not apply in the case of:
any Products (for example beds/divans with mattresses and mattresses) which have been taken out of their sealed packaging;
special products (non-stock);
any Products that have been partially assembled (unless the Product in question is proved to be defective); and
any Products which become mixed inseparably with other items after their delivery.
Your 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 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 Product (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 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 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the [CANCELLATION FORM - INSERT LINK TO FORM] on our website (alternatively you may use a copy of the form which is attached at the back of these Terms as Schedule 1) and send it to our registered office address by post. If you use this method we will e-mail you to confirm we have received your Cancellation Notice.
If you cancel your Contract we will:
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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
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). 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.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
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 9.12;
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.
If the Products are found to be either damaged or defective in any way at the time of delivery, you must complete an incident form immediately, which will be provided by our delivery team. If such damage or defect is discovered after delivery, you must contact us within three days of delivery of the Product or, in the event of a latent defect, within three days of the date upon which you discovered the defect.
If upon inspection we agree that the item is damaged or defective and we are unable to repair the item to manufacturing standards, we will arrange for collection of the item and we will then contact you to arrange delivery of a replacement item to you as soon as replacement stock is available and/or offer you a full refund (including delivery charges). We are only able to hold such replacement stock for a reasonable period and reserve the right to charge a restocking charge in circumstances where you are unable or unwilling to accept such delivery within a reasonable time.
If we are unable to provide you with a replacement 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. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
If as a result of an inspection, we determine that we have no legal liability in respect of the matters complained of, then we reserve the right to charge you our standard call out charge of [£charge] and to reject any claim in respect of alleged damaged or defective Products.
When considering whether the Product in question is, in fact defective, you should take, amongst others, the following into consideration:
surface fillings of mattresses may flatten. This is called dipping or settlement and is normal with use;
furniture manufactured from natural materials (e.g. leather, wood and marble) will all have an individual appearance and may have a slight variance in colour and texture. A perfect match to the furniture on display on our site cannot be guaranteed and a reasonable tolerance level will be applied. This adds to the individuality and character of each item manufactured.
leather furniture will display natural characteristics such as scarring and variations in grain. In the cases of semi-aniline and aniline leathers, there will also be colour variations.
solid wood furniture will display a variation in grain, knots and there may also be colour variation.
If a Product has been delivered to you before you decide to cancel your Contract:
then you must return it 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. You can either send it back to [INSERT RETURN ADDRESS] or hand it to our authorised carrier. [If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection];
unless the Product is faulty or not as described (in this case, see clause Błąd: Nie znaleziono źródła odwołania), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge [£CHARGE] for collection of [INSERT RELEVANT PRODUCTS];
Because 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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Risk, Title and Delivery
You own the Products once we have received payment in full, including all applicable delivery charges but the Products will remain at our risk until the time of delivery.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us [or you or a carrier organised by you collect them from us] and the Products will be your responsibility from that time.
The delivery times quoted on the Website and on our Order Confirmation (“Delivery Time”) are for delivery to postcodes which fall within our normal delivery areas (Colour map of UK). Any customers who purchases the Product for delivery to an address outside of this area will be contacted for further advise on their expected delivery time.
If circumstances change and we cannot deliver within the Delivery Time we will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
If no one is available at your address to take delivery, the delivery team will attempt to phone you times on the number specified on the Order Confirmation. If there is no response, they will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery at an alternative date.
In the event of us not being able to gain access to the required location, we reserve the right to levy a charge in respect of such abortive delivery and the costs of any subsequent redelivery of the Product. Where the Product is a special order item and access is not possible then we reserve the right to levy a charge in respect of the costs of restocking the item.
We are unable to store any Prodcuts awaiting delivery to a customer for periods in excess of 14 days after the latest estimated delivery date. Any goods stored at your request after this period must be paid for in full and will be subject to a storage charge of £15 per week.
Any Products that are supplied on a self-assembly basis. Special arrangements with assembly, movement or fitting of Products will be subject to a special charge. Details of this service will be provided upon request at the point of order.
We do not normally perform part deliveries, unless this is requested. It is normal procedure for us to deliver all of your items together once they are all in stock. However, if you have ordered multiple items, you can choose to have them delivered individually once they become available but you will be charged each time.
This clause 10.10 only applies if you are a consumer.
If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
we have refused to deliver the Products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.10, 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.
If you do choose to cancel your Order for late delivery under clause 10.11 or clause 10.12, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow 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 Products and their delivery.
Our site is only intended for use by people resident in the United Kingdom.
Deliveries outside the United Kingdom will be agreed individually.
If you order Products from our site for delivery outside the United Kingdom, and we accept your order, we shall deliver the Products to the point of embarkation requested by you. There may be import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Where requested, upon export of the Products, we will supply you with the requisite documentation to reclaim any VAT paid to us.
Price of products and delivery charges
The prices of the Products 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 Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products may change from time to time, but changes will not affect any order s in respect of which we have already sent you an Order Confirmation.
The 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.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, (based on the proximity of your delivery address to out nearest distribution centre) before you confirm your order.
Our site contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products 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 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. If we mistakenly 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 cancel supply of the Product and refund you any sums you have paid.
How to pay
You can only pay for Products using a debit card or credit card or via Paypal. If you wish to pay by other methods (e.g. cash or cheque), then please contact us prior to placing an Order. Please be aware that where you pay by any other payment method (e.g. cash or cheque) then cleared funds will be required before we issue our Order Confirmation.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
If you have chosen to pay by card, we will process the payment for your Order by way of the credit or debit card details you have provided as part of the online checkout process. If you have chosen to pay via Paypal your payment will be processed accordingly, and you should receive notification from Paypal to confirm that your payment has been successful.
We will advise you if your payment details cannot be authorised for any reason and we may then invite you to pay by another method.
Our liability if you are a business
This clause 14 only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 14.2, 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:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 14.2, 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 the price of the Products.
Except 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.
Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
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 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.
We 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.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
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
defective products under the Consumer Protection Act 1987.
Events outside our control
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 16.2.
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.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you are a consumer you may contact us as described in clause 1.2.
If you are a business:
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 or sent by pre-paid first class post or other next working day delivery service.
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.
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.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
All notices given by you to us must be given to Mr. Gregor at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Other important terms
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.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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.
If 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.
If 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.
If 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).
(Complete and return this form only if you wish to withdraw from the contract)
To: [Mr. Gregor LTD, Britannia Mill, Willow Street, Oldham, West Midlands, OL1 3QB, 07434 603970, email@example.com]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate