TERMS AND CONDITIONS
Our lawyer says we need to have these. They were last updated on 27th May 2016.
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, we'd love to hear from you at firstname.lastname@example.org.
In particular, your attention is drawn to section 7.2, which contains an agreement between us about delivery timeframes. If you are not happy to agree to this longer delivery period, then you should not place an order.
The functionality of the products that we supply to you depends on you downloading the Pillow Talk® app through the relevant application store for your chosen device. From time to time we may issue updates and new releases of the app, which you must download. If you do not download the most up to date version or release of the app, then this may affect the functionality of your product, and we will not be responsible for any loss of functionality in these circumstances.
2. Information about us and how to contact us
2.1. Who we are. You probably know us as Pillow Talk®, but our company is called Little Riot Limited. We are a Scottish company, our company registration number is SC385501. Our registered VAT number is 104684327.
2.2. Keeping in touch. If you'd like to get in touch with us, all the information you need is right here. If we have to contact you we will do so by phone or by writing to you at the email address or postal address you provided to us in your order.
2.3. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we won't charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. (It'd be really helpful if you can tell us the order number whenever you contact us about your order).
Where we sell to. Unfortunately, we do not accept orders from Argentina, Belarus, Cuba, Iran, Iraq, Lebanon, Libya, Myanmar/Burma, North Korea, Somalia, Sudan, Syria or Yemen.
4. Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. In the same way, the packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us (see section 2.2 for how to do this). We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 8- Your rights to end the contract).
6. Our rights to make changes
Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements, including where relevant to comply with local laws, and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. Providing the products
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. When we will provide the products. We will deliver the products to you as soon as reasonably possible, but you acknowledge that there may be a time delay on your order. At the moment, as we are only a small company, we may need to wait a bit longer to fulfil your order until we have sufficient orders. This helps us to keep the price low for you. We do however guarantee that the products will be delivered to you within 12 months of your order date.
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 10.2 will apply.
7.6. When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.7. When you own goods. You own a product which is goods once we have received payment in full.
7.8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the product to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and section 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.9.1. deal with technical problems or make minor technical changes;
7.9.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.9.3. make changes to the product as requested by you or notified by us to you (see section 6).
7.10. We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see section 12.4) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see section 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see section 12.5).
8. Your rights to end the contract
8.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), (see section 11);
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, (see section 8.2);
8.1.3. If you have just changed your mind about the product, (see section 8.3). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 (inclusive) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
8.2.4. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive(s) the products.
9. How to end the contract with us (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1. Phone or email. See section 2.2 on how to do this. Please provide your name, home address, details of the order and, where available, your phone number and email address so that we can contact you.
9.1.2. Online. Complete the model cancellation form on our website.
9.1.3. By post. Print off the model cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the products back to us at our main address, as set out on our website. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
9.3.1. if the products are faulty or misdescribed; or
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as the original delivery charge.
9.5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1. We may reduce your refund of the price (excluding delivery costs) 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.
9.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 section 9.2.
9.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; or
10.1.2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in section 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as we can in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. (see section 2.2 for how to do this)
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
11.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on [NUMBER] or email us at [ADDRESS] for a return label or to arrange collection.
12. Price and payment
12.1. Where to find the price for the product. The price of the product (which includes VAT and other sales taxes) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 12.3 for what happens if we discover an error in the price of the product you order.
The price is exclusive of any import taxes, levies and duties required to be paid to allow the product to be delivered to you at your delivery location. You are responsible for the payment of any and all such import taxes, levies and duties.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT or any other sales tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or any other sales tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or other sales tax takes effect.
12.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4. When you must pay and how you must pay. The payment methods that we accept are listed on our website at the point of order. You must pay for the products before we dispatch them.
12.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. Our responsibility for loss or damage suffered by you
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987
13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1. How we will use your personal information. We will use the personal information you provide to us:
14.1.1. to supply the products to you;
14.1.2. to process your payment for the products; and
14.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15. Other important terms
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.