Terms and Conditions:
- These terms:
1.1 What these terms cover: These are the terms and conditions on which we supply products to you.
1.2 Why you should read them: Please read these terms carefully before you place your order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the order, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? These terms are for consumer purchases only, meaning for an individual, buying products wholly or mainly for personal and domestic use. If you are a business customer buying the product for use in connection with your trade, business, craft or profession, please contact us on email@example.com to request information on how you can place an order and request a copy of our business terms and conditions “Imbali Limited – Standard Terms and Conditions for the Supply of Goods”.
- Information about us and how to contact us:
2.1 Who we are: We are Imbali Limited a company registered in England. Our company registration number is 12596868 and our registered office is at 3rd Floor Office, 207 Regent Street, London, W1B 3HH. Our registered VAT number is 356 5780 64 (“Imbali”, “we”, “us”, “our”).
2.2 How to contact us: You can contact us by telephoning us on +44 (0) 7493 724054 or by writing to us at firstname.lastname@example.org or to our registered office address above.
2.3 How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- Placing an order:
3.2 Availability: All products are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.
3.3 Checkout process: Once you are happy with your selection proceed to the checkout where you will be required to provide your name, postal address, email address, daytime telephone number, delivery address (if different) and payment details over a secure server connection. Upon completion of the checkout you will receive an email confirmation of your order. If you have any queries regarding your order please contact Customer Services by telephone on 07493 724054 or via email (email@example.com).
3.4 Errors in order: You are able to correct errors on your order up to the point at which you click on ‘Confirm Order’ during the ordering process.
- Our contract with you:
4.1 Acceptance of your order: Your order will be deemed accepted on dispatch of the ordered product(s), at which point the contract will come into existence and you will not be able to make any more changes to your order.
4.2 If we cannot accept your order: If we are unable to accept your order, we will call or email you to advise of this and will not 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.
- Our products:
5.1 Products may vary slightly from their pictures: The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
5.2 Product packaging may vary: The packaging of the product may vary from that shown in images on our website.
- Providing the products:
6.1 Delivery costs:
- Orders within the UK: shipping charges will vary (the charge will be automatically calculated in the checkout process). Our delivery charges depend on a number of factors including the weight and size of the consignment Please note that we are unable to refund any cost for postage that you may have paid unless we have sent you a product incorrectly, the product is deemed to be faulty.
6.2 When we will provide the products: We aim to dispatch all authorised orders within 1 working day. However, there may be circumstances beyond our control which delay delivery. Providing the product is in stock, we endeavour to dispatch all orders received by midday on the same day. We dispatch orders Monday to Friday and do not dispatch at weekends.
6.3 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 cancel the order and receive a refund for any products you have paid for but not received.
6.4 Ensuring smooth delivery: We will deliver the products to the address you specify for delivery in your order. It is important that this address is accurate. Deliveries by Royal Mail do not require a signature. Deliveries via other Courier Services may require a signature so please ensure someone is available to sign for the parcel on delivery. If there appears to be any sign of damage to the packaging please make a note to this effect beside your signature. Please be specific about damage and do not simply state ‘unchecked’.
6.5 When you become responsible for the products: Risk of damage to or loss of the products passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver.
6.6 When you own products: You will only own the products once they have been successfully delivered and when we have received cleared payment in full.
- Your rights to cancel the order:
7.1 You can always cancel the order: Your rights to cancel the order will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decided to return the product:
- If what you have bought is faulty or mis-described you may have a legal right to cancel the order (or to get the product replaced or to get some or all of your money back). See clause 10;
- If you want to return the product because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the product, see clause 7.3. 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 product;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.7.
7.2 Cancelling the order because of something we have done or are going to do: If you are cancelling the order for a reason set out at (1) to (3) below 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:
- 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; or
- there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- you have a legal right to cancel the order because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013): You have a legal right to change your mind within 14 days and receive a refund for most of the products bought online. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clause 8.
7.5 When you do not have a right to change their minds: Your right to change your mind does not apply in respect of products where you have changed your mind after the 14-day cooling-off period.
7.6 How long do you have to change your minds?
You have 14 days after the day you (or someone you nominate) receives the products, unless:
- Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
7.7 Cancelling order where we are not at fault and the right to change your mind does not apply: Even if we are not at fault and your right to change your mind does not apply (see clause 7.1), you can still cancel the order before it is completed, but you may have to pay us compensation. An order is deemed completed when the product is delivered and paid for. If you want to cancel the order before it is completed where we are not at fault and you don’t have a right to change your mind, just contact us to let us know. The order will be cancelled immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your order cancellation.
- How to cancel the order with us (including if you have changed your mind):
8.1 Tell us you want to cancel the order: To cancel the order with us, please let us know by doing one of the following:
- Phone. Call Customer Services on 07493 724054. Please provide your name, home address, telephone number, email address and details of the order.
- By email or post. Write to us by email at firstname.lastname@example.org or post to Imbali Ltd, 3rd Floor Office, 207 Regent Street, London, W1B 3HH confirming that you wish to cancel the order and including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning the product after changing your mind: If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to cancel the order and return the product. Please ensure the products are packaged adequately to prevent damage in transit. For your own protection we recommend that you send the parcel using a delivery service that insures you for the value of the products.
8.3 When we will pay the costs of return: We will pay the costs of return:
- if the products are faulty or mis-described; or
- if you are cancelling the order because we have told you of 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 you must pay the costs of return.
8.4 How we will refund you: If you are entitled to a refund under these terms. We will refund you the price you paid for the products including delivery costs (if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 When we may make deduction from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) 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. 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.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6 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:
- Your refund will be made within 14 days from the day on which we receive the product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back to us. For information about how to return a product to us, see clause 8.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- If there is a problem with a product:
How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service team on 07493 724054 or write to us at email@example.com or at 3rd Floor Office, 207 Regent Street, London, W1B 3HH.
- Your rights in respect of defective products:
10.1 Your rights in respect of defective products: The Consumer Rights Act 2015 says that the products we supply must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the products your legal rights entitle you to the following:-
- up to 30 days: if the products are faulty, then you can get an immediate refund.
- up to 6 months: if the products are faulty, then you are entitled to a replacement. If the products can’t be replaced, then you’re entitled to a full refund, in most cases.
- up to 6 years: if the products do not last a reasonable length of time you may be entitled to some money back.
10.2 Your obligation to return rejected products: If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. See clause 8.2.
- Price and payment:
11.1 Where to find the price for the product: The price of the product (which includes VAT) 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 clause 11.3. We reserve the right to vary our prices from time to time.
11.2 We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 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 unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the order, refund you any sums you have paid and require the return of any products provided to you.
11.4 When you must pay and how you must pay: We accept payment with the following credit and debit cards: Visa, MasterCard and American Express, and other payment methods such as Paypal. You must pay for the products before we dispatch them but we will not charge your credit or debit card until we dispatch the products to you.
- Our responsibility for loss or damage suffered by you:
12.1 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 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 of placing the order, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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
12.3 We are not liable for business losses: We only supply the products to you for domestic and private use (also see clause 1.3).
- How we may use your personal information:
13.1 How we will use your personal information: We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- 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.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so:
14.Other important terms:
14.1 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 and we will ensure that the transfer will not affect your statutory rights. If you are unhappy with the transfer you may contact us cancel the order within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 Applicable laws 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.
4746 N. John Paul Rd, Milton, Wisconsin, 53563, USA
Distributed in the UK and Europe by:
3rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom
© 2020 Imbali LTD. All Right Reserved.