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TERMS AND CONDITIONS

Full terms and conditions for saddleback.co.uk can be found below. Please ensure you read and understand our terms and conditions prior to ordering from our website.

TERMS AND CONDITIONS OF SALE

Last updated 28 August 2019.

This document gives you information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products), including those listed on our website (our site).

These Terms will apply to any contract between us for the sale of Products to you (Contract). When you use our site, our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy shall also apply. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. These Terms and any Contract between us are only in the English language. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. If ordering Products from our site, you should print a copy of these Terms or save them to your computer for future reference.

1. INFORMATION ABOUT US

1.1. We are Saddleback Limited. We are a company registered in England and Wales under number 05134944 and with our registered office and main trading address at 12 Apollo Park, Armstrong Way, Yate, Bristol, BS37 5AH. Our VAT number is GB840 3506 55. We operate the website www.saddleback.co.uk.

1.2. Contacting us: If you wish to contact us for any reason you can do so by email at info@saddleback.co.uk, telephone 01454 285285 or post to: Saddleback Ltd, 12 Apollo Park, Armstrong Way, Yate, Bristol, BS37 5AH. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

2. OUR PRODUCTS

2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from these images.

2.2. Although we make every effort to be as accurate as possible all sizes, weights, capacities, dimensions and measurements indicated on the site may have minor inconsistencies.

2.3. In the case of errors or omissions that appear on our site, we reserve the right to alter a specification or price without prior notice.

2.4. The packaging of the Products may vary from that shown on images on our site.

2.5. It is your responsibility to ensure that colours and sizing of the Products are correct and suitable for their intended purpose before placing an order. We will not be responsible if any measurements, dimensions or colours you provide to us subsequently prove to be incorrect.

2.6. We quote prices in UK Pounds Sterling. Prices include VAT where applicable. The checkout page breaks down the total VAT payable figure for illustration and reporting purposes.

2.7. Either we or the manufacturer own all intellectual property rights (whether registered or unregistered) to the Products, subject to clause 2.9.

3. AGE OF CONSENT

3.1. If you are a consumer, you may only purchase Products if you are at least 18 years old. If you are under the age of 18, please ensure an adult places your order for you.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. Our order pages will guide you through the steps you need to take to place an order with us. When you place your order, you will set up an online account for www.saddleback.co.uk. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

4.2. All orders, must be placed through our site. We do not accept orders by any other means. We will confirm your order to you by email only.

4.3. After you place an order, you will receive an email from us acknowledging that we have received your order and have received your payment (Order Confirmation). If you have a problem processing your payment online or are not certain that your payment was successful, please email info@saddleback.co.uk.However, please note that the Order Confirmation does not mean that your order has been accepted. Our acceptance of your order will only take place as described in clause 4.4.

4.4. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4.5. In the unlikely event we are unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 13.1, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged without undue delay.

5. OUR RIGHT TO VARY THESE TERMS

5.1. We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

5.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

5.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.

6. YOUR CONSUMER RIGHT OF RETURN AND REFUND

6.1. As a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal rights, including your right to cancel the Contract, is available from your local Citizens' Advice Bureau or Trading Standards office.

6.2. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 30 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 9 January you may cancel at any time between 1 January and the end of the day on 9 February.

Your Contract is for either of the following:

One Product which is delivered in instalments on separate days.

Multiple Products which are delivered on separate days.

The end date is 30 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 9 January and the last instalment or last separate Product on 14 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 14th February.

6.3. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is notify our Customer Service Team within 30 days of receiving the item by either writing to Customer Care, Saddleback Ltd, 12 Apollo Park, Armstrong Way, Yate, Bristol, BS37 4AH, emailing us at info@saddleback.co.uk or calling us on 01454 285285. If you are emailing us or writing to us please include details of your order to help us to identify it. You may also use the model cancellation form. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

6.4. If you cancel your Contract we will:

(a) Refund you the price you paid for the Products.

(b) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-4 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) Make any refunds due to you as soon as practicable and in any event within the deadlines indicated below:

(i) if you have received the Product: 14 days after 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 6.8;

(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

6.5 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

6.6. If the products are faulty or mis-described and you wish to cancel the contract then you will do so in accordance with 6.3 and 6.8(a). When we receive the products from you we will refund you in accordance with clause 6.4.

6.7. We will refund you on the credit or debit card or credit your PayPal account that you used to pay. If you used vouchers to pay we will refund you in vouchers.

6.8. If a Product has been delivered to you before you decide to cancel your Contract:

(a) Then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract;

(b) Unless provided with a Free returns label you will be responsible for the direct costs of returning the Products to us.

6.9. All Products returned to us under this clause 7 must be in new and unused condition. We may refuse to provide a refund where we reasonably consider this not to be the case, or reduce any refund where they have been handled by you in an unreasonable manner.

6.10. You can always return a product if it is faulty or different to what you ordered. You always have rights where a product is faulty or mis-described (see clause 6.6).

7. IF THERE IS A PROBLEM WITH A PRODUCT

7.1. If you have any questions or complaints about any Product, please contact us. See clause 6.3 above for more details.

7.2. 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 03444 04 04 06.

The Consumer Rights Act 2014 says goods 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, then you can get a refund.

Up to six months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

Up to six years: if the item can reasonably be expected to last up to six years you may be entitled to a repair or replacement, or, if that does not work, some of your money back.

If you wish to exercise your legal rights to reject faulty, defective or incorrect products you must either 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.

8. DELIVERY

8.1. All orders will be delivered by Parcelforce on an Express 24h service during working days only to your stated delivery address.

8.2 We only recommend submitting a work address as the delivery address if it is secure and trustworthy.

8.3. Working days are Monday through to Friday exclusively, we do not dispatch on Saturdays, Sundays or UK public holidays.

8.4. We do not guarantee 24h delivery. Products will normally be dispatched on the same working day for orders placed before 2pm. Orders placed after 2pm will be dispatched on the next working day.

8.5. Under normal circumstances, orders will be delivered the next working day to mainland UK addresses except addresses within Parcelforce's delivery speed guarantee exceptions list. Delivery times may also be extended during peak postal times or UK public holidays through no fault of our own. In the unlikely event that delivery for the next working day is not possible, delivery will take place no more than 30 days after the date of Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order).

8.6. Postage is free of charge for all orders over £20, a charge of £2.50 applies to orders below this threshold.

8.7. We will keep you informed if there is likely to be a delay in dispatch or delivery due to foreseen incidents (for example: stock take, holiday season demands).

8.8. It is your responsibility to have someone available to sign for your order. Your package will not be left unsigned for. If no one is available to sign for your order, a card may be left (where possible) and your package will go to your local courier collection point.

8.9. We may provide you with order alerts if you provided a mobile number when setting up your Saddleback account. This is to give you greater clarity on the progress of your order. we may send the following information to your mobile number in the form of SMS messaging.

(a) Updates on order status

(b) Your order tracking number and courier

(c) Your delivery day and an estimated delivery time

(d) Any delivery options (for example setting a new delivery date, deliver to a neighbour etc).

8.10. Goods will be delivered as set out in clauses 8.1 to 8.4 but in all cases within 30 days of dispatch notification. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

8.11. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

8.12. You own the Products once we have received payment in full, including all applicable delivery charges.

8.13. If we miss the 30-day delivery deadline for any Products then you may cancel your order straight away if any of the following circumstances apply:

(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

8.14. In any other circumstances, if you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.13, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order straight away, if we do not meet the new deadline.

8.15. If you do choose to cancel your order for late delivery under clause 8.13 or clause 8.14, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us in accordance with clause 6.8.

8.16. If you cancel your order under clauses 8.13 and 8.14 we will refund all payments made by you under the Contract without undue delay.

9. NO INTERNATIONAL DELIVERY

9.1. We do not deliver to addresses outside the UK mainland including Ireland, the Channel Isles and BFPO addresses.

9.2. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK Mainland.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. In these cases, as per clause 2.3, we reserve the right to alter a specification or price without prior notice if we discover an error in the price of Product(s).

10.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

10.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. 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 in full before the change in VAT takes effect.

10.4. The price of a Product may not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Information page.

11. HOW TO PAY

11.1. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Switch, Mastercard, Maestro and PayPal.

11.2. We use Shopify's secure online payment gateway, provided by Stripe, to collect and administer payments. Saddleback personnel do not have access to your card details.

11.3. Payment for the Products and all applicable delivery charges is in advance.

12. MANUFACTURER GUARANTEES

12.1. Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

12.2. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

12. MANUFACTURER GUARANTEES

13. OUR WARRANTY FOR THE PRODUCTS

13.1. For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.

13.2. The warranty in clause 13.1 does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) any specification provided by you.

13.3. This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

14. OUR LIABILITY TO YOU AS A CONSUMER

14.1. 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. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.14.3. We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by sections 9, 11, 12, 13, 14, 14, 16 17, 28 and 29 Consumer Rights Act 2014;

(d) defective products under the Consumer Protection Act 1987.

15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delays in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2. 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.

15.3. 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; and

(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 our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

16. COMMUNICATIONS BETWEEN US

16.1. When we refer, in these Terms, to "in writing", this will include email.

16.2. You may contact us as described in clause 1.2.

17. OTHER IMPORTANT TERMS

17.1. 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.

17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3. 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.

17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5. 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.

17.6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site 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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18. PRIVACY, COOKIES AND GDPR

18.1 For our full privacy policy, including GDPR compliance, please visit our Privacy and Cookies page.

MODEL CANCELLATION FORM

If you wish to withdraw from the contract, please complete and return a Cancellation Form to Saddleback Ltd, 12 Apollo Park, Armstrong Way, Yate, Bristol, BS37 5AH. Or via email to info@saddleback.co.uk.