straight on red terms and conditions

These Terms and Conditions are the standard terms for the sale of goods by Straight On Red, a company registered in England under Straight On Red of Flat 13 Crystal Wharf, 36 Graham Street, London N1 8GH, UK.

 

1.            Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”

means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

“Contract”

means the contract for the purchase and sale of Goods, as explained in Clause 2;

“Goods”

means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);

“Month”

means a calendar month;

“Price”

means the price payable for the Goods;

“Special Price”

means a special offer price payable for Goods which We may offer from time to time;

“Order”

means your order for the Goods [as attached] OR [as shown overleaf];

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 2;

“We/Us/Our”

means Straight On Red, which is a trading name for Phil Danter, of Flat 13 Crystal Wharf, 36 Graham Street, London N1 8GH, UK, and includes all employees and agents of Straight On Red.

 

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.

 

2.            The Contract

2.1          These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before submitting your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.

2.2          Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

2.3          A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by our Order Confirmation.  Order Confirmations will be provided in writing.

 

3.            Description and Specification of Goods

3.1          We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our website and social media platforms.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to [discrepancies that may arise during the printing process] AND/OR [differences in the colour reproduction of electronic displays].

3.2          If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 3.1 you may return those Goods to Us as provided in Clause 7.

3.3          If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 7.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

3.4          We reserve the right to make any chances in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

 

4.            Orders

4.1          All Orders for Goods made by you will be subject to these Terms and Conditions.

4.2          You may change your Order at any time before we despatch the Goods by contacting Us.  [Requests to change Orders do not need to be made in writing.]

4.3          If your Order is changed We will inform you of any change to the Price in writing.

4.4          You may cancel your Order at any time before We despatch the Goods by contacting Us.  If you have already paid for the Goods under Clause 5, the payment will be refunded to you within 5 working days. 

4.5          We may cancel your Order at any time before We despatch the Goods in the following circumstances:

4.5.1     The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

4.5.2     An event outside of Our control continues for more than 10 working days (please see Clause 12 for events outside of Our control).

4.6          If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 5, the payment will be refunded to you within 5 working days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

 

5.            Price and Payment

5.1          The Price of the Goods will be that shown on Our website in force at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

5.2          If We quote a Special Price which is different to the Price shown on Our current website, the Special Price will be valid for 10 working days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

5.3          Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

5.4          We have made every reasonable effort to ensure that our Prices, as shown on Our current website are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised).  If the actual Price of the Goods is higher than that stated in your Order, We will contact you to inform you and ask you how you wish to proceed.

5.5          All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

5.6          Our Prices exclude the cost of delivery.  Delivery costs will be added on to the final sum due and are itemised on the website.

5.7          All payments for Goods must be made in advance before We can despatch the Goods to you.

5.8          We accept the following methods of payment:

5.8.1     Paypal;

5.8.2     Credit card via Paypal

.

5.9          Credit and/or debit cards will not be charged until We despatch the Goods to you.

 

6.            Delivery

6.1          Please note that delivery is currently possible to anywhere within the UK, mainland Europe (West and East), the USA, Asia-Pacific and Latin America. Delivery prices vary by continent and these are provided on Our website.

6.2          When We send you an Order Confirmation, We will provide an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond our control.

6.3          Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order.

6.4          If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.

6.5          The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 6.4 at which point it will pass to you.

6.6          You own the Goods once We have received payment in full for them.

6.7          Please note that delivery to the following areas may require more time:

6.7.1     Eastern Europe;

6.7.2     Latin America;

6.7.3     Asia-Pacific.

 

7.            Returning Incorrect Goods

7.1          If you receive Goods that are incorrect, caused by a mistake made by Us in production, alteration, delivery or by Our incorrect description or information (see sub-Clauses 3.2 and 3.3), you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 7.  This Clause 7 does not apply to Goods that you are merely not satisfied with or to Goods that are faulty.  For Goods that you are dissatisfied with or faulty Goods, please see Clauses 8 or 9 respectively.

7.2          If you wish to return Goods to Us under this Clause 7 you must do so within a reasonable time of taking delivery.

7.3          All Goods must be returned to Us under this Clause 7 in their original condition accompanied by proof of purchase.

7.4          You may return Goods to Us in person during Our business hours of 7am-7pm or you may return them by post or another suitable delivery service of your choice.  For Goods returned under this Clause 7 We will reimburse you for any reasonable postage or shipping costs.

7.5          Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within 5 working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

 

8.            Returning Goods If You Change Your Mind

8.1          If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund, subject to the provisions of this Clause 8.  This Clause 8 does not apply to Goods that are faulty.  For incorrect faulty Goods please Clauses 7 or 9 respectively.

8.2          If you wish to return Goods to Us under this Clause 8 you must do so within 28 calendar days of taking delivery, telling Us why you wish to return the Goods.

8.3          All Goods must be returned to Us under this Clause 8 in their original condition [, in their original, un-opened packaging], accompanied by proof of purchase.

8.4          You may return Goods to Us in person during Our business hours of 7am-7pm or you may return them by post or another suitable delivery service of your choice.  You are solely responsible for the cost of returning Goods to Us under this Clause 8.

8.5          Refunds or replacements will be issued to you immediately if you return Goods to Us in person or within 5 working days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.

 

9.            Returning Damaged or Faulty Goods

9.1          If you receive Goods that are damaged or faulty you have the right to return them in exchange for a refund, replacement or repair, subject to the provisions of this Clause 9.  This Clause 9 does not apply to Goods that are incorrect of Goods that you wish to return because you have changed your mind.  Please refer to Clauses 7 or 8 above for incorrect Goods or returns if you have changed your mind.

9.2          If you wish to return Goods to Us under this Clause 9 please do so as soon as reasonably possible after discovering the damage or fault [and in any event within 10 working days].  Please contact Us to inform Us of the fault and to arrange the return and your refund, replacement or repair.

9.3          This Clause 9 only applies to Goods that are damaged or faulty when you receive them.  Faults or damage caused by normal wear and tear or improper treatment does not entitle you to return Goods under this Clause 9.  We may require you to prove that the Goods in question were faulty if you return them to Us under this Clause 9 more than six months after the delivery date.

9.4          This Clause 9 does not apply if you purchased the Goods having been told by Us of the particular damage or fault (If, for example, the Goods were sold as ‘seconds’, or at a discounted rate).

9.5          You may return Goods to us in person during Our business hours of 7am-7pm or you may return them by post or another suitable delivery service of your choice.  For Goods returned under this Clause 9 We will reimburse you for any reasonable postage or shipping costs.

9.6          Refunds or replacements will be issued to you i

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