Terms andConditions

TERMS AND CONDITIONS OF SALE

These Terms and Conditions cover the supply of Symington’s Limited products to a Consumer.  If you purchase anything from this website these Terms and Conditions will apply.  You should also read our Privacy Policy and Cookies Policy as they apply to your use of this website.

1 WHO WE ARE

1.1 We are Symington’s Limited (“Symington’s”) a company registered in England and Wales. Our company registration number is No. 02528254 and our registered office is at SYMINGTON’S LTD, Head Office & Warehouse, Thornes Farm Business Park, Pontefract Lane, Leeds LS9 0DN. Our registered VAT number is GB758415702.
1.2 You can contact us by emailing our customer service team at symingtons@clementscreate.com,  by filling out a “Contact Us” form on this site or by telephoning [insert telephone number].
1.3 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.

2 THESE TERMS

2.1 These are the terms and conditions on which we supply our products to you.
2.2 Please read these terms carefully and make sure you understand them in full before ordering any products from our site.
2.3 By ordering any of our products, you agree to be bound by these terms.
2.4 These terms tell you:
2.4.1 who we are,
2.4.2 how we will provide products to you,
2.4.3 how you and we may change or end the contract,
2.4.4 what to do if there is a problem and other important information.
2.5 There are important terms used within these Terms and Conditions:
2.5.1 “we” and “us” means Symingtons Limited.
2.5.2 “you” and “your” means the consumer using this website.
2.5 If you think that there is a mistake in these terms or do not wish to accept them, please contact us on 08000 093 330 to discuss.

3 HOW THE CONTRACT IS FORMED BETWEEN US AND YOU

3.1 How we will accept your order. Prior to purchasing the products you have added to your basket, you will have the opportunity to check that your order correct. If it is not correct, you can revisit your basket and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct. Our acceptance of your order will take place when we email you to accept it at the e-mail address you provided to us as part of the order process, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this by e-mail and will refund you any money you have paid to us.
3.3 We will not be under an obligation to supply the products to you until we have confirmed that we have accepted your order.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to over-18s in the UK. Our website is solely for the promotion of our products in the UK to persons over the age of 18. Unfortunately, we do not accept orders from addresses outside the UK for delivery outside of the UK or from any individual under the age of 18 as at the date on which they placed their order.

4 OUR PRODUCTS

4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display of the products accurately reflects the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown on images on our website.

5 YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER

5.1 If you wish to make a change to the product you have ordered please contact us.
5.2 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.

6 OUR RIGHTS TO MAKE CHANGES

6.1 We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor adjustments and improvements. These changes will not affect your use of the product.
6.2 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to:
6.2.1 these Terms and Conditions and the Privacy Policy in force at the time that you order products from us, unless any change to these Terms and Conditions or the Privacy Policy is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or
6.2.2 if we notify you of the change to these Terms and Conditions and/or the Privacy Policy before we send you confirmation of your order (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within seven working days of receipt by you of the products).

7 PROVIDING THE PRODUCTS

7.1 The costs of delivery will be as displayed to you on our website. Where the delivery cost is indicated to be free of charge this shall only apply to deliveries to an address in England and Wales and Scotland and Northern Ireland and shall not apply to delivery to the Channel Isles, Holy Island, Isle of Man, Isle of Wight, Western Isles, Shetland Isles or Orkney Island.
7.2 Currently we are only able to deliver to an address in England, Wales,  Scotland and Northern Ireland. We cannot accept orders for delivery outside of England, Wales, Scotland and Northern Ireland.
7.3 We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. All delivery times quoted on the website are estimates only, based on availability, normal processing and the availability of our third party service providers for example the delivery company that fulfils the order for us.
7.4 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.
7.5 If you are not at home when the product is delivered our delivery agent will follow their usual procedure to inform you of the steps you should take to arrange a redelivery (if appropriate) or will indicate where your order has been left (i.e. with a neighbour or designated safe space). If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the products;
7.6.2 delivery within the delivery deadline was essential (taking into account all
the relevant circumstances); or
7.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 08000 093 330 or contact us online by filling out a “Contact Us” form for a return label or to arrange collection.
7.9 The product will be your responsibility from the time the product is delivered to the address you gave us in your order.
7.10 You own a product once we have received payment in full from you and you have received the product in accordance with clause 7.9.
7.11 We may need certain information from you so that we can supply the products to you. 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 clause 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 will we really do this?. 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.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.12.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 28 days in any year we will adjust the price so that you do not pay for products while they are suspended- why does this need to be in its just the supply of a product at a point in time. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also 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 clause 12.5) and you still do not make payment within 14 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 clause 12.7). 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 clause 12.6).  why is any of this required they will pay on point of order

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 we would never repair  or replaced or a service re-performed this wouldn’t happen either or to get some or all of your money back), see clause 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 clause 8.2;
8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period don’t believe there is a requirement for a cooling off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
8.1.4 In all other cases, see clause 8.6.
8.2 If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 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 upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2.2 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;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 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 28 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
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 at any time from the date that we confirm your order by e-mail until the date 14 days after you receive the products (or the last products in the order if send in separate instalments) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. To cancel your contract you just need to let us know by calling our customer services on 08000 093 330.
8.4 You do not have a right to change your mind in respect of:
8.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.  This means that you cannot change your mind once you have opened the products, although you can take them out of their delivery box without affecting your right to change your mind; and
8.4.2 any products which become mixed inseparably with other items after their delivery.
8.5 You have 14 days after the day you (or someone you nominate) receive the products, unless:
8.5.1 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) receive the last delivery to change your mind about the products.
8.5.2 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) receive the first delivery of the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end 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 ending the contract.

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. Call customer services on 08000 093 330 Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the Contact Us form on our website.
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 either return the products in person to where you bought them, post them back to us at your cost or (if they are not suitable for posting) allow us to collect them from you. 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 end the contract.
9.3 We will pay the costs of return:
9.3.1 in the unlikely event that the products are faulty or mis-described; 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 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 our charges for standard delivery as set out on our website save where the delivery costs are indicated as free of charge at the point.
9.5 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 If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs if these have been charged in your original order) 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. Returned products must be in their original condition. Packaged products must be unopened, unmarked and in a re-sellable condition. 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.
9.6.2 Where the product is a service , we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. Not applicable should we remove
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect them, your refund will be made as soon as possible and in any event 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 clause 9.2.

10 OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract for a product 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 14 days of us reminding you that payment is due; customer pays on order so is this required
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 clause 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 at least one month 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 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 08000 093 330 or use our online Contact Us form.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
● up to 30 days: if your item is faulty or materially mis-described, then you are
entitled to reject them and claim a refund.
● if you do not exercise your right to reject within 30 days, you can (in most cases)
still reject and claim a refund if we are unable at the first attempt to satisfactorily
replace or repair your faulty product we wouldn’t repair or if we fail to carry out such repairs or
deliver a replacement within a reasonable period.
● up to six months: in certain circumstances, you are entitled to request repairs, a replacement, a price reduction or to reject the goods until six months’ from
delivery to you without having to prove that the goods conformed with the
description given of them.

11.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 08000 093 330 or contact us online using the Contact Us form for a return label or to arrange collection.

12 PRICE AND PAYMENT

12.1 The price of the product (which includes VAT if it applies to the sale of the product) 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, prices are subject to change without notice (please see clause 12.4 for what happens if we discover an error in the price of the product you order).
12.2 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.
12.3 HM Revenue & Customs allow some products to be zero-rated for VAT purposes and this includes most food.
https://www.gov.uk/guidance/rates-of-vat-on-different-goods-and-services#food-and-drink-animals-animal-feed-plants-and-seeds
Please refer to HMRC VAT Notice 701/14 if you require any further information.
12.4 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 in our price list, 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 products provided to you.
12.5 We accept payment with VISA, MasterCard and Amex. Payment is due in full at the time of ordering.
12.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we reserve the right to and may charge interest to you on the overdue amount at the rate of 1% a year above the base lending rate of HSBC 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. Not applicable
12.7 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 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 whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) or for any injury, death, damage or direct or indirect consequential loss including without limitation any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 HOW WE MAY USE YOUR PERSONAL INFORMATION

Our Privacy Policy sets out how we will use your personal information.

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 including the use of a third party to fulfil the order and delivery process.
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. We may not agree if we consider the transfer to be in any way unreasonable.
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. 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 either of us does not insist upon strict performance of any of the other’s obligations under these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the terms, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
15.6 How to complain, if you are unhappy. Symington’s Limited operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department on 08000 093 330 or contact us online using the Contact Us form.
15.7 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.
15.8 Ownership of rights. All rights, including copyright, in this website are owned by or licensed to Symington’s Limited. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Symington’s Limited. To request permission to use contents from our website for corporate use, please contact us on 08000 093 330.

© Symington’s Limited 2020

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