This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (these "Terms") on which BRG Appliances Limited (a company registered in England and Wales under company number 08081781650 with a trading address at Building 3, Chiswick Business Park, 566 Chiswick High Road, London W4 5YA) ("we", "us", "our") sell any of the products ("Products") listed on our website www.SageAppliances.co.uk ("our site") to you. 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 by ordering any of our Products, 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 Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. 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, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 Our VAT number is GB143110664. To contact us, please see our Contact Us page sageappliances.co.uk.
1.2 These terms and conditions are intended to take effect only in relation to sales of our Products to purchasers who are 'dealing as consumers' (as defined in section 12 of the Unfair Contract Terms Act 1977). Any purchasers of our Products which are not dealing as consumers, please contact us at BRG Appliances Building 3, Chiswick Business Park, London W4 5YA.
2. INTELLECTUAL PROPERTY RIGHTS
3. OUR PRODUCTS
3.1 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.
3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are for information purposes only.
3.3 The packaging of the Products may vary from that shown on images on our site.
3.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. RESTRICTIONS ON SALES
5.1 Please note that certain Products on our site can only be purchased if you satisfy the legal age requirement for that Product and you may only purchase Products from our site if you are at least 18 years old.
5.2 Our site is only intended for use by people whose delivery address for the Products is in the UK. We will not deliver the Products outside of the UK.
5.3 We are not allowed by law to supply certain Products to you if you do not satisfy applicable age requirements. If you are underage, please do not attempt to order these Products through our site.
5.4 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 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.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order ("Order Acknowledgment"). However, please note that the Order Acknowledgment does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 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.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, 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 as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you; and
7.1.2 changes in relevant laws and regulatory requirements;
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR RIGHT OF RETURN AND REFUND
8.1 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 8.3. 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 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 under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
8.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of seven (7) working days in which you may cancel, starting from the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Sage Appliances , Building 3, Chiswick Business Park, 566 Chiswick High Road , London W4 5YA UK or please contact our Customer Services telephone line on +44 (0) 8443345110. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.5 If you cancel a Contract, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. 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 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you the price of the Products on the credit card or debit card used by you to pay.
8.8 If the Products were delivered to you:
8.8.1 you must return the Products to us as soon as reasonably practicable;
8.8.2 unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
8.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date because of a Force Majeure Event, we will contact you with a revised estimated delivery date. Time for delivery of the Products shall not be of the essence.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges, for those Products.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 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.
10.4 The price of a Product includes delivery and packaging charges.
10.5 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. If we discover an error in the price of the Products you have ordered we will 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. Please note that 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 Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card or credit card. We accept the following cards: MasterCard and Visa Debit and Credit Cards.
11.2 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.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 We provide a warranty that on delivery and for a period of at least 12 months, or such other period as is specified on the following support website sageappliances.co.uk], commencing on the date of delivery. The Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
12.2.1 fair wear and tear;
12.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.2.3 if you fail to operate or use the Products in accordance with the user instructions;
12.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
12.2.5 any specification provided by you.
12.3 The Products are supplied for private, domestic use only, and not for any commercial or business purpose. For the avoidance of doubt, warranties in these Terms (including that in clause 12.1) shall not apply where a Product is used for a commercial or business purpose.
13. OUR LIABILITY
13.1 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.
13.2 We only supply the Products for domestic and private use. You agree not to use the product 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 or any other losses arising from the commercial use of Product.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 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
13.3.5 defective products under the Consumer Protection Act 1987.
14. 'FORCE MAJEURE EVENTS'
14.1 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 a Force Majeure Event. A Force Majeure Event is defined below in clause 14.2.
14.2 A Force Majeure Event 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.
14.3 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com, or by sending a letter to Sage Appliances Building 3, Chiswick Business Park, 566 Chiswick High Road London W4 5YA UK or please contact our Customer Services telephone line on +44(0) 8443345110. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
15.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to us marked for the attention of Customer Service at Sage Appliances Building 3, Chiswick Business Park, 566 Chiswick High Road London W4 5YA UK or by email to firstname.lastname@example.org. You can also contact us using our Customer Services telephone line at +44(0)8443345110.
15.4 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.
16. OTHER IMPORTANT TERMS
16.1 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. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 12 to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. The recipient of your gift of a Product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 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.
16.5 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.
16.6 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.
(Complete and return this form only if you wish to withdraw from the contract)
SAGE APPLIANCES, Studio 3.2 Power Road Studios, 114 Power Road London W45PY. TEL: 02037641722, CUSTOMERSERVICE@SAGEAPPLIANCES.CO.UK:
I hereby give notice that I cancel my contract of sale of the following goods,
Ordered/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