These Terms and Conditions are the standard terms which apply to the provision of all Services by us, Sixty Stores Ltd, a company registered in England and Wales under number 7741797, whose registered office address is at Sixty Stores Ltd, Langley Barn, 390 Birmingham Road, Stratford upon Avon, CV37 0RE (“the Company”).
1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Consumer” means a consumer as defined by the Consumer Rights Act 2015;
“Contract” means the contract into which you and we will enter if you purchase Goods and/or Services via our Website. The Contract will incorporate, and be subject to, these Terms and Conditions;
“Customer” means you, the party accepting our Quotation or placing an order with us;
“Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for Goods or Services;
“Website” means www.minifridge.co.uk
1.2 Each reference in these Terms and Conditions to:
a. “we”, “us” and “our” means the Company and includes all our employees, agents and sub-contractors;
b. “you” and “your” means the Customer;
c. “writing” and “written” includes emails and text messages;
d. a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time; and
e. “these Terms and Conditions” is a reference to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and do not affect their interpretation.
1.4 Words signifying the singular number will include the plural and vice versa. References to any gender will include the other gender. References to persons includes corporations.
2.1 These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
2.2 Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
2.4 We then send an Order confirmation to you by email; Order Confirmations will be provided in writing and will contain the following information:
a. Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
b. An Order number to be used in any future correspondence
c. Our identity and contact details;
d. The delivery date(s) and estimated time(s), where applicable.
2.5 Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us.
2.6 It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should you email address be incorrect.
2.7 If we, for any reason, do not accept or cannot fulfil your Order, and we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
2.8 Once your Order has been accepted as detailed in clause 2.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
3.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate.
3.2 If the Goods are not available, the provisions of clause 2.7 will apply.
4.1 The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
4.2 All Goods are priced in pounds sterling (£GDP) and may exclude delivery charges which will be applied at checkout before you complete your order.
4.3 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.4 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
4.5 All prices are inclusive of VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
4.6 Delivery charges may be included in the price of the Goods on our Website. Delivery costs, where free delivery is not available, and any related charges will be presented to you as part of the Order process via the postcode checker. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
4.7 All payments made via the Website will go through a secure payment gateway. We accept Visa Credit, Visa Debt, American Express, MasterCard and PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to SagePay terms and conditions. A separate contractual relationship is created between you and SagePay and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by SagePay.
4.8 We do not accept liability if delivery of Goods is delayed because you have provided us with incorrect payment details.
4.9 If it is not possible to obtain payment for the Goods using the payment details you have provide, your order will be rejected.
5.1 Once the Order has been placed, your delivery lead times will be in accordance to the information supplied on the product pages.
5.2 Should your Order not arrive by the estimated delivery date, you should contact us as soon as possible so we can investigate.
5.3 It is your responsibility to provide us with full and correct delivery address details. If the goods cannot be delivered due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address and any reasonable additional costs for the cost of the re-delivery.
5.4 If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, we may leave a delivery note explaining how to rearrange delivery and you will be required to contact us.
5.5 Bespoke Goods cannot be treated as cancelled and may incur additional costs should delivery not be rearranged.
5.6 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
6.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. The cooling off period does not apply to any bespoke goods or materials made to measure ordered by the Customer.
6.2 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
6.3 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
6.4 If you wish to exercise your right to cancel the Contract within the cooling off period, you should inform us immediately by a clear statement in writing.
6.5 Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
6.6 If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract. We will refund money within 14 days after the day on which we are notified the Goods (if applicable) have been returned. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 6.
6.7 If you exercise your right to cancel and/or the item is faulty:
a. If faulty, we will supply a prepaid returns label if under 20kg or if over 20 kg is, a collection will be arranged.
b. If unwanted, you must arrange and pay for the return to the address provided when requesting a return.
All items must be packaged up using the original box/packaging or equivalent.
6.8 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
6.9 Refunds under this clause 6 will be made using the same payment method that you used when ordering the Goods.
7.1 Where you are not a Consumer, or where the goods ordered were bespoke or made to measure, or should any Consumer cancel an order with us after the expiry of the cooling off period above, you will remain liable to pay for any such part of the work as has been completed and we reserve the right to levy reasonable cancellation charges (including administration costs and loss of profit), against you and these shall fall due for payment immediately. Any deposit and other monies already paid to us shall be non-refundable. Should cancellation take place after we have purchased any Materials, you will be required to pay for such Materials and any expenses incurred by us.
8.1 The Goods are provided with a manufacturer’s 1 year guarantee. For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.
8.2 The following conditions must be met;
a. The goods have not been customised or modified in any way.
b. The Goods have been used for domestic use only
9.1 We welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Abusive behaviour shall not be tolerated and please make any complaint to us in writing.
10.1 We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, strikes or other industrial action by third parties, acts of terrorism or war, or any other event that is beyond our reasonable control.
11.1 Subject to this clause 11, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
11.2 We accept no liability in respect of the following:
a. Loss or damage due to causes beyond our control including, but not limited to, accident, storm, flood, neglect, misuse, faults or premature deterioration which results from your failure to comply with our instructions;
b. Deliberate or accidental damage and/or misuse of the Goods;
c. Damage or deterioration arising out of normal wear and tear.
11.3 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.4 Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
12.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the General Data Protection Regulations 2016 and any amendments thereto. We will not pass on your personal information to any other third parties without first obtaining your express permission unless we have a lawful basis for doing so.
13.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.
13.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms and Conditions and the remainder of the provision in question will not be affected.
14.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.