Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS
These Conditions will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Conditions 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 Conditions. If you refuse to accept these Conditions, you will not be able to order any Products from our site.
You should print a copy of these Conditions or save them to your computer for future reference. We amend these Conditions from time to time as set out in clause 6. Every time you wish to order Products, please check these Conditions to ensure you understand the Conditions which will apply at that time. These Conditions were most recently updated on 1 February, 2016
These Conditions, and any Contract between us, are only in the English language.
1 Information About Us
1.1 We operate the website www.smashlab.ie. We are Smash Lab Limited, a company registered in Ireland under company number 540183 and with our registered office at 6 Quinlan street, Limerick Ireland. Our main trading address is 15 Duke Street Dublin 2 Ireland. Our VAT number is 540183.
1.2 Contacting us:
1.2.1 You can cancel a Contract in accordance with your legal right to do so. Clause 7 sets out your legal rights in respect of cancellation, and tells you how best to contact us in this regard.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 00353015310135 or by e-mailing us at email@example.com
1.2.3 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.
2 Our Products
2.1 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.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
3 Use of Our Site
3.2 You may only purchase Products from our site if you are at least 18 years old.
4 How We Use Your Personal Information
5 How the Contract Is Formed Between You and Us
5.1 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.
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. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with any Product, for example because it is not in stock or is no longer available, because we cannot meet your requested delivery date, or because of an error in the price on our site as referred to in clause 11,5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged, as soon as possible.
6 Our Right to Vary These Conditions
6.1 We amend these Conditions from time to time. Please look at the top of this page to see when these Conditions were last updated.
6.2 Every time you order Products from us, the Conditions in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Conditions as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or to reflect changes in the way in which we take payment from you.
6.4 If we have to revise these Conditions 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.
7 Your Legal Right of Return and Refund
7.1 You have a legal right to cancel a Contract during the period set out 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 any Products, 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, this cancellation right does not apply in the case of:
7.2.1 any Product which is customised to your order or is clearly personalised;
7.2.2 sealed computer software, once they are unsealed after you receive them; and
7.2.3 any Products which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch 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 a Dispatch 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 a Dispatch 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 a Dispatch 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.
7.4 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 on our site. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is set out in Schedule 1 at the end of these Conditions.
You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 00353015310135or by post to Smash Lab, 15 Duke street Dublin 2. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is 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:
7.5.1 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 Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
7.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the cost 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;
7.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) 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 7.8;
(b) 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.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, 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.
7.7 Refunds must be made to the card used in the original transaction
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
7.8.1 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, or hand it to our authorised carrier. Please see our Returns page for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return.
7.8.2 unless the Product is faulty or not as described (in which case, see clause 7.6), you will be responsible for the cost of returning the Product 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.
7.9 We are under a legal duty to supply Products that are in conformity with this Contract. 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 7 or anything else in these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will specify an estimated delivery date when we send you the Dispatch Confirmation (which is the e-mail we send you to confirm our acceptance of your order). Such estimated delivery date will be within 30 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
8.2 We will also specify the method of delivery of your order when we send you the Dispatch Confirmation. This will depend on the method of delivery which you have chosen when you place your order. If no one is available at your address to take delivery, we (or our carrier, if applicable) will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.3 If you fail to contact us to rearrange delivery within seven days, we will treat your order as cancelled and notify you in writing. In such event, we will, as soon as possible, refund you the price you paid for the Products, excluding any delivery charges.
8.4 Delivery of your order shall be completed when we (or our carrier) deliver the Products to the address you gave us in your order and the Products will be your responsibility from that time.
8.5 You own the Products once we have received full payment for them, including all applicable delivery charges.
8.6 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
8.6.1 we have refused to deliver the Products;
8.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.6, 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.
8.8 If you do choose to cancel your order for late delivery under clause 8.6 or 8.7, 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.
8.9 In addition to your legal rights to cancel a Contract (which are explained in clause 7, you may return any unwanted Products to us, but the following will apply:
8.9.1 you must return the unwanted Products to us within 30 days of the date on which we completed delivery (as specified in clause 8.4). You are responsible for the Products until they are received by us, and you must pay the cost of returning the unwanted Products to us;
8.9.2 if you return the Products to us unopened and in the same condition as they were delivered to you, we will refund the following amounts to you as soon as possible:
(a) the price you paid for the Products (excluding any delivery charges) if we receive the unwanted Products within 14 days after their delivery to you; or
(b) the price you paid for the Products (excluding any delivery charges) less a restocking fee of 10% of that price, if we receive the unwanted Products between 15 and 30 days after their delivery to you;
8.9.3 if you return the Products to us within 14 days after their delivery to you, opened but together with all original and undamaged packaging and (except for being opened) in the same condition as they were delivered to you, we will, as soon as possible, refund to you the price you paid for the Products (excluding any delivery charges) less a restocking fee of 10% of that price; and
8.9.4 the right to return unwanted Products in accordance with this clause 8.9 does not apply in the case of:
(a) any Product which is customised to your order or is clearly personalised;
(b) sealed computer software, once they are unsealed after you receive them; and
(c) any Products which become mixed inseparably with other items after their delivery.
9 International Delivery
9.1 We deliver to Ireland. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10 Software Licence
10.1 If when we send you the Dispatch Confirmation (which is the e-mail we send you to confirm our acceptance of your order), we refer to a software licence, then the price of the Products includes the licence fee for your right to use the Software. For the purpose of this clause 10, “Software” means any computer programs or software installed on the Products or otherwise supplied (in whatever form) with the Products when we deliver the Products to you, and which are either necessary for the operation of the Products or otherwise referred to in your order.
10.2 If you are provided with any operating system software licence in respect of the Software, you must sign and return it to us within three days of installation, unless the licence has been supplied on a “shrink-wrap” or “click-wrap” basis.
10.3 If no software licence has been provided to you, you are entitled to use the Software but the following will apply:
10.3.1 you must not copy, reproduce, translate, adapt, vary or modify the Software (except to the extent allowed by law or otherwise required for the normal operation of the Products), nor communicate it to any third party;
10.3.2 you must only use the Software on the Products, and you must not remove, adapt or otherwise tamper with any copyright notice, legend or logo which appears in or on the Software;
10.3.3 either of us may cancel the rights given in this clause 10.3 by notifying the other in writing at least 28 days before the day on which such termination is to occur. If we wish to cancel in this manner, we may only do so if your continued use or possession of the Software infringes any third party’s rights (such as those of the developer of the Software) or if we are compelled to do so by law, or if you fail to comply with these Conditions; and
10.3.4 when your rights terminate in accordance with clause 10.3.3, you must return all copies of the Software which you have in your possession, to us.
10.4 You cannot transfer the rights which you are given pursuant to clause 10.3 to any other person, but we are not prevented or restricted in any way from giving such rights to any other person.
11 Price of Products and Delivery Charges
11.1 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 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 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.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please see the shoppingcart for details.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
11.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
11.5.2 if the Product’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 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.
12 How to Pay
12.1 You can only pay for Products by cash or approved debit and credit cards.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13 Manufacturer Guarantees
13.1 Some of the Products 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 Products.
13.2 A manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products 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 Warranty for the Products
14.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.3
14.2 If you tell us in writing within 3 months from delivery that the Products do not comply with the warranty we have given in clause 14.1, and (if we ask you to do so) you return the Products to us, and we are given a reasonable opportunity to examine or test the Products (whether this is at our own premises or otherwise), we will:
14.2.1 (if you have returned the defective Products to us within 30 days of delivery) replace the defective Products; or
14.2.2 (if you return the defective Products to us after 30 days of delivery) choose whether to repair or replace the defective Products.
If we comply with our obligations in this clause 14.2, we will not have any further responsibility to you. Please also note that you are responsible for the defective Products until they are received by us and you must pay the cost of returning the defective Products to us.
14.3 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
14.3.1 your continued use of the Products after you have told us that they are defective;
14.3.2 fair wear and tear;
14.3.3 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
14.3.4 your failure to operate or use the Products in accordance with the user instructions;
14.3.5 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
14.3.6 any specification provided by you.
14.4 The terms of this clause 14 apply to any Products which have been repaired or replaced by us (or on our behalf) in accordance with clause 14.2.
14.5 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15 Our Liability
15.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions 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.
15.2 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.
15.3 Our total liability to you for any loss or damage you suffer as a result of our failure to comply with these Conditions or our negligence is limited to the total price payable under the Contract for the Products.
15.4 We do not in any way exclude or limit our liability for:
15.4.1 death or personal injury caused by our negligence;
15.4.2 fraud or fraudulent misrepresentation;
15.4.3 any breach of the Conditions implied by section 12 of the Sale of Goods Act (title and quiet possession);
15.4.4 any breach of the Conditions implied by the Sale of Goods Act (description, satisfactory quality, fitness for purpose and samples); and
15.4.5 defective Products under the Consumer Protection Act
16 Events Outside Our Control
16.1 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 in clause 16.2.
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.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
16.3.1 we will contact you as soon as reasonably possible to notify you; and
16.3.2 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 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.
17 Other Important Conditions
17.1 When we refer, in these Conditions, to “in writing”, this will include e-mail.
17.2 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 Conditions. We will always notify you by posting on this webpage if this happens.
17.3 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask our consent.
17.4 This Contract is between you and us. No other person shall have any rights to enforce any of its Conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Conditions.
17.5 Each of the paragraphs of these Conditions 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.
17.6 If we fail to insist that you perform any of your obligations under these Conditions, 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.
17.7 These Conditions 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.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Smash Lab Limited, 15 Duke street Dublin 2, email: 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