Customer Sale Terms
1. These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you through our website.
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 please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
Mellow.Store Limited (“we” or “us”) a company registered in England and Wales. Our company registration number is 11996732 and our registered office is at 201 Borough High Street, United Kingdom SE1, 1JA.
We own and operate www.mellow.store (“website”).
2.3 How to contact us.
2.4 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.
2.5 "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 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.
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 will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and EU.Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK or EU.
4. Our products
4.1 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.
4.2 Product packaging may vary.
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. 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 clause 7.
6. Providing the products
6.1 Delivery costs.
The costs of delivery, any delivery restrictions and our accepted payment methods will be as displayed to you on our website and we will provide you with shipping and tracking details for your order where relevant.
6.2 When we will deliver the products.
We aim to deliver products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
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 end the contract and receive a refund for any products you have paid for but not received.
6.4 When you become responsible for the goods.
A product will be your responsibility from the time we deliver the product to the address you gave us.
6.5 When you own goods.
You will own the product once we have received payment in full.
6.6 Reasons we may suspend the supply of any product.
We may have to suspend the supply of any product listed on the website to:
- (a) deal with technical problems or make minor technical changes; or
- (b) update the product to reflect changes in relevant laws and regulatory requirements.
7. Your rights to end the contract
7.1 You can always end your contract with us.
Your rights when you end the contract will depend on whether there is anything wrong with the product, how we are performing and when you decide to end the contract:
- (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10 ;
- (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2 ; or
- (c) If you have just changed your mind about the product, see clause 7.3
7.2 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 (a) to (d) 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:
- (a) 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;
- (b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
- (c) 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 thirty (30) days; or
- (d) you have a legal right to end the contract because of something we have done wrong.
7.3 How long do I have to change my mind?
You have a cancellation period starting on the day of your order and continuing until fourteen (14) days after the date of delivery of the product. You must send the product back within fourteen (14) days of sending your cancellation notice to us. We will refund the purchase price of the product within fourteen (14) days of receiving your cancellation notice however we may withhold the refund until you have returned the product to us or evidenced having sent the product back to us.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract.
To end the contract with us, please let us know by:
- (a) Phone or email. Call customer services on +44 (0) 20 3983 5722 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 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 via post at the following address:mellow.store, Priory Business Group PLC, Unit 2C, Aylesford Commercial Park, New Hythe Lane, Aylesford ME20 7FE.
8.3 When we will pay the costs of return.
We will pay the costs of return:
- (a) if the products are faulty or misdescribed; or
- (b) 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.
8.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs (subject to clause 8.3 ) by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
- (a) 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.
- (b) 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.
Refunds will be made within fourteen (14) days from the day on which we receive the product back from you.
9. When can I not change my mind?
You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
10. If there is a problem with the product
10.1 How to tell us about problems.
10.2 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.
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 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:
- (a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- (b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- (c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
11. 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 for what happens if we discover an error in the price of the product you order.
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.
11.4 When you must pay and how you must pay.
We accept payment with all major credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12. 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 breaking this contract or our failing to use reasonable care and skill.
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; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
12.3 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.
13. How we may use your personal information
13.1 How we may use your personal information.
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 rights under the contract.
14.2 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.
14.3 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.
14.4 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.
14.5 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.