Terms & Conditions - Retail & Website Purchases
1. INTERPRETATION AND ABOUT US
1.1 The following definitions apply to these terms:
Business: any individual, partnership, company, or organisation engaged in commercial, industrial, or professional activities, whether for-profit or non-profit.
Business Day: a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
Conditions: the terms and conditions in this document as amended with the agreement of both parties.
Retail or Website Consumer: a natural person who is acting for purposes which are outside his trade, business, craft or profession
Contract: the contract between the Supplier and the Customer for the sale and
purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Specification: any specification for the Goods produced by the Supplier to the
Customer.
1.2 We are ESP Special Batteries Ltd, a company registered in England and Wales with company number 02216544 (hereafter referred to in these terms as the “Supplier”). Our Main trading address and registered office address is 3 St Philips Trade Centre, Albert Road, Bristol, BS2 0YB. Our VAT number is GB 114 081 709. To contact us, please see our “Contact Us” page: www.espspecialbatteries.co.uk/contact-us.
2. YOUR RIGHTS IF YOU ARE A RETAIL OR WEBSITE CONSUMER
2.1 Cancellation Rights: You, the Consumer, have the right to cancel this Contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement using the contact details set out in clause 1.2. 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. Please ensure that you include details of your order to help us to identify it. If you send us
your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
2.2 Right to a Refund: If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than 14 days after the day we received back from you any Goods supplied. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
2.3 Returns: In the event that you, the Consumer, exercise your legal right to cancel the Contract in accordance with clause 2.1, you must return the Goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
2.4 Upon receipt of the Goods returned in accordance with clause 2.3, we will refund to you the price you paid for the Goods, including the costs of delivery, by the method you used for payment. However, we may make deductions from the price, as follows:
(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 manner, you must pay us an appropriate amount. You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 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.
2.5 We will process the refund due to you in accordance with clause 2.4.
2.6 Right to Reject: You have the right to reject Goods if they are not as described, fit for purpose, or of satisfactory quality during the expected lifespan of the product. If you reject the Goods within 30 days of receipt, you are entitled to a full refund. If the fault appears after 30 days, you may request a repair or replacement. If the repair or replacement is inadequate, or the problem persists, you may request a refund or a price reduction if you wish to keep the product.
2.7 Fit for Purpose: The Consumer Rights Act 2015 gives you the right to receive Goods that are as described, fit for purpose, and of satisfactory quality. Our obligation is to ensure that the Goods comply with the contract.
2.8 Limitation on Liability for Consumers: Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This clause does not include or limit in any way our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.