In Store Terms and Conditions of Use
IN-STORE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell the products (Products) and services (Services) displayed in our showrooms. For products purchased though our website over the telephone, please see our Website Terms and Conditions of Supply.
These Terms will apply to any contract concluded between us in our showrooms for the sale of Products and Services (Contract). Please read these Terms carefully and make sure that you understand them, before you submit your order to us.
1. INFORMATION ABOUT US
1.1 We are Sparkworld Limited, a company registered in England and Wales under company number 01895421 and with our registered office at 9 Battle Road, Heathfield Industrial Estate, Heathfield, Newton Abbot, Devon TQ12 6RY. Our VAT number is 430332892.
1.2 Our telephone number is 01626 834666. Our fax number is 01626 837899. Our email address is email@example.com.
2. COMMUNICATIONS BETWEEN US
2.1 In these Terms, when we refer to "in writing" this includes e-mail.
2.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Sparkworld Limited at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail.
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.
2.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 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.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order shall be deemed to be an offer to buy the Products and Services (if applicable) subject to these Terms.
3.2 Our acceptance of your order will take place when we issue a written acceptance of your order (Order Confirmation) or an invoice, at which point the Contract is formed. The Contract will only relate to the Products and Services (if applicable) confirmed in the invoice. Please note that we are not a party to any third party finance agreement that you may enter into.
3.3 If we are unable to supply you with a Product (for example because that Product is not in stock or no longer available) we will inform you of this and we will not process your order. Unless agreed otherwise, if you have already paid for the Products and Services (if applicable), we will refund you the full amount as soon as possible.
3.4 We will assign an order number to your order and confirm this in the invoice. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
3.6 If you are a business, you acknowledge that these Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
4. OUR PRODUCTS
4.1 The images and pictures of the Products in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the printed pictures in our brochures accurately reflect the colours of the Products.
4.2 We may include a description of the Products in our brochures and this information is taken from the manufacturers brochures. Please note that the size of Products may vary slightly from the description given on our brochures but these variations will never exceed more than 2% of the stated size.
4.3 Please note that the Products purchased from us must only be used for domestic (not commercial) purposes. The Products must not be installed in outbuildings, unless otherwise confirmed in writing. Any use or installation of the Products in contravention of this clause 4.3 may invalidate the manufacturers guarantee.
4.4 We provide a free of charge, one-for-one electrical appliance take back services if you have ordered an electrical Product. If you would like to use this service, please ensure that your old electrical appliance is disconnected from all water, electrical and/or gas supplies and are made available outside the delivery address for collection on the date of delivery. All refrigeration appliances must be free of ice and water.
5. OUR SERVICES
5.1 We will begin the Services on the date selected by you during the order process and confirmed in the Order Confirmation or invoice.
5.2 If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract and clause 10.1 will apply.
6. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. 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.
7.1 If the Product is in stock, you will be able to choose a delivery date or opt to collect in-store during the order process. If you have selected a delivery date, your order will be fulfilled by the estimated delivery date selected (and confirmed in the invoice) which shall be within 30 days of the date of the Order Confirmation or invoice, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a new estimated delivery date. If your order is not in stock, we will inform you of an estimated delivery date and you agree that the Products may not be delivered within 30 days of the date of the Order Confirmation or invoice.
7.2 If you have chosen to collect the Product in-store, we will notify (by telephone) when the Product is available for collection and you can collect the Product during our working hours of 9:00am to 5:00pm on weekdays and 10:00am to 5:00pm on Saturdays and public holidays (Normal Working Hours). You will need to provide a copy of your Order Confirmation or invoice (showing your order number) and identification documents (either a photographic driving licence or passport) when collecting your Products.
7.3 Any dates specified for delivery are estimates only and time for delivery shall not be made of the essence by notice.
7.4 When placing your order, you must inform us of any issues that may affect delivery, including but not limited to: parking permits; traffic restricted areas; width restricted roads; bus routes; low bridges; upper floor with no lift; gravel driveway; building work/skips; steps; and red routes.
7.5 In order to facilitate delivery, you must ensure that:
(a) access to the delivery address is clear and unrestricted;
(b) you provide us with all information reasonable requested by us in relation to delivering the Products and supplying the Services (if applicable); and
(c) there is reasonable access for the safe and prompt delivery of the Products. Any special requirements must be notified to us at the time of placing your order. For the avoidance of doubt, if you have ordered a large Product, such as an American Fridge Freezer, you must measure doorways to ensure that the Product can be delivered without obstruction.
7.6 You will be required to sign a delivery note to confirm delivery of the Products. You must ensure that you have signed for the correct Products and number of Products.
7.7 Unless Services are confirmed in the Order Confirmation or invoice, delivery does not include installation or connection of the Products. We recommend that you do not organise fitting or installation until the Products have been delivered and inspected. You must ensure that all manufacturers’ guidelines are complied with when fitting and using the Product. For gas Products, a qualified Gas Safe engineer is required and all appliances will need to be installed by a qualified tradesperson.
7.8 If no one is available at your address to take delivery of the Products and allow us to supply the Services, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery of the Products and supply of the Services.
7.9 If you fail to accept delivery of the Products, are not available to sign a delivery note or we are unable to deliver the Products due to your error or obstruction:
(a) risk in the Products shall pass to you; and
(b) we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
7.10 Subject to clause 7.9(a), the Products will be your responsibility and must be appropriately cared for from the completion of delivery.
7.11 You own the Products once we have received payment in full, including all delivery charges.
7.12 We will provide delivery using reasonable care and skill, but if you believe that our employees or agents have not done so or caused damage at the delivery address, you must notify us at the time of delivery.
7.13 Unfortunately, we do not deliver to addresses outside mainland UK.
8.1 During the order process, you may request that we store the Products for you. We will confirm the storage arrangements (including the duration of the storage, which shall be no longer than 12 months (Storage Period)) in the Order Confirmation or invoice.
8.2 You may collect the Products at any time during the Storage Period, provided that you provide us with 48 hours prior written notice, visit us during Normal Working Hours and provide a copy of your Order Confirmation or invoice.
8.3 At the end of the Storage Period, we will contact you in writing and notify you that your Products are available for collection. If you do not collect the Products within 14 days of this notification, we shall store the Products (until collected) and may charge you for all related costs and expenses (including insurance).
8.4 If you still do not collect the Products within 30 days of the date of the notification provided in accordance with clause 8.3, we may resell or otherwise dispose of all or part of the Products and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products and charge you for any shortfall below price of the Products.
9. YOUR RIGHT TO END THE CONTRACT IF YOU ARE A CONSUMER
9.1 You may have a right to end the Contract if:
(a) the Products or Services (if applicable) are faulty or mis-described (see clause 11);
(b) we have told you about an error in the price and you have decided not to proceed (see clause 12.5); and
(c) there is a risk that the supply of the Products may be significantly delayed because of an Event Outside Our Control (see clause 18.3);
9.2 If you end the Contract after the Products have been delivered to you, you must return them to us. If you are ending the Contract because we have told you of an error in pricing, a delay in delivery due to Events Outside Our Control or because the Products 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.
10. OUR RIGHT TO END THE CONTRACT
10.1 We may end the Contract for a Product and Services (if applicable) at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and Services (if applicable);
(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the Services.
10.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products and Services (if applicable) 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.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS OR SERVICES
11.1 We are under a legal duty to supply Products and Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to Products and Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you have ordered Products, for example an oven or washing machine, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If you have ordered Services, for example the installation services for a washing machine, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
• if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products and Services (if applicable) will be the prices set out in our price list in force at the date of your order unless we have agree another price in writing. We take all reasonable care to ensure that the prices of Products and Services (if applicable) are correct. However, if we discover an error in the price of Products and Services (if applicable) ordered, clause 12.5 will apply.
12.2 The price of a Product and Services (if applicable) 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 and Services (if applicable) in full before the change in VAT takes effect.
12.3 The price of a Product does not include delivery charges. Our delivery charges are as told to you during the order process.
12.4 If the cost of the Products and Services (if applicable) are to be funded by a third party finance provider, you acknowledge that you may be liable for such costs if we do not obtain payment from the third party finance provider. In such cases, we will provide you with an invoice and you must pay such invoice in cleared monies within 30 days of the date of the invoice.
12.5 It is always possible that, despite our reasonable efforts, some of the Products may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing 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. 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.
13.1 Subject to clause 13.2 and unless you are obtaining finance from a third party finance provider (which is subject to the terms of the third party finance agreement), payment for the Products and Services (if applicable) and all applicable delivery charges is in advance. Payment for extended warranties and/or service plans is in advance, unless otherwise stated.
13.2 For certain products which are not available in-store and are ordered specifically to your request (Special Products), we will ask you to pay a non-refundable deposit of 20% of the full purchase price at the time you submit your order. The balance of the purchase price shall be payable by you within 5 days of the date on which we notify you that the Special Products are available for delivery or collection. In the event that you do not pay the balance of the purchase price within 5 days of the date of the notification, we may resell or otherwise dispose of the Special Products and retain the deposit. Please note that you will own the Special Products once we have received payment in full and they will continue to be owned by you even if they are stored at our showroom in accordance with clause 8.
14. MANUFACTURER GUARANTEES AND EXTENDED WARRANTIES
14.1 Some of the Products we sell may come with a standard manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 We may also offer extended warranties and/or service plans for certain Products and these can be obtained by paying an additional fee. Please note that separate terms and conditions apply to extended warranties and/or service plans. Please read these terms and conditions carefully, make sure that you understand them and retain a copy for your future reference.
14.3 If the Products appear to be faulty, you should refer to the manufacturer’s instructions in the first instance. If the fault has been discovered prior to installation, please do not continue to install or fit the Products as this will be deemed to be acceptance of the Products. If a Product has been installed we will require a manufacturer’s approved service engineer to inspect the Product and establish the nature of the fault. We reserve the right to request photographic evidence of the faulty Products and packaging.
14.4 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described (see clause 11).
15. OUR LIABILITY IF YOU ARE A BUSINESS
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products; and defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatsoever 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.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other 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 and Services (if applicable).
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products and Services (if applicable). 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.
16. OUR LIABILITY IF YOU ARE A CONSUMER
16.1 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.
16.2 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.
16.3 We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 11.1; and defective products under the Consumer Protection Act 1987.
16.4 If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services or any faults or damage caused by third party suppliers or tradesperson.
17. HOW WE USE YOUR PERSONAL INFORMATION
17.1 We are committed to protecting and respecting your privacy and complying with the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation and the Data Protection Act 1998 (Data Protection Legislation).
17.2 We only use your personal information to supply the Products and Services (if applicable) to you, to process your payment and, if agreed during the order process, to inform you about similar products that we provide (but you may stop receiving these at any time by contacting us).
18. EVENTS OUTSIDE OUR CONTROL
18.1 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.
18.2 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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you;
(b) 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 delivery, we will arrange a new delivery date with you after the Event Outside Our Control is over; and
(c) if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund for any Products and Services (if applicable) you have paid for but not received.
19. OTHER IMPORTANT TERMS
19.1 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.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 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.
19.4 Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
19.5 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.
19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products and Services (if applicable) made in our showrooms 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.