Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you from our website www.onlinehomeshop.com (“our website”).
1.2 Why you should read them. Please read these terms carefully before placing an order with us. These terms tell you who we are, how we will provide our 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 our customer service team on firstname.lastname@example.org to discuss.
1.3 What we can infer if you place an order with us. By placing an order with us, you are representing the fact that you are at least 18 years of age and hold the requisite capacity to enter into a legally binding contract, with the intention to be bound by the same.
2. Information about us and how to contact us
2.1 Who we are. We are Magmac Limited a company registered in England and Wales with company registration number 8885099 and registered office at Reedham House, 31 King Street West, Manchester M3 2PJ. Our registered VAT number is GB180230739. Our trading name is Online Home Shop. Any reference to “we”, “our” or “us” in these terms are to Magmac Limited (trading as Online Home Shop).
2.2 How to contact us. You can contact us by telephoning our customer service team at 0161 794 9213, by writing to us at email@example.com, by submitting an enquiry via our online form which can be found on our Contact Us page at www.onlinehomeshop.com. You can also contact us by writing to us at Online Home Shop, Pinmill House, Priestly Road, Wardley Industrial Estate, Worsley, M28 2LX but please note that we will be able to respond to you quicker if you contact us via email or our online form.
2.3 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.
2.4 "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 takes place when we email you to confirm your order with us, 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 in writing 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 or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and we will detail your order number in our confirmation email to you. It will help us if you reference your order number whenever you contact us about your order.
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. Although we have made every effort to be as accurate as possible, any sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
5.1 Minor changes to the products. We may change the product and its description from that given on our website:
5.1.1 where necessary to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements that will not affect your use of the product.
5.2 More significant changes to the products and these terms. We may make more significant changes to these terms or the products, but if we do so we will notify you and you may then contact us to request a refund for any products paid for but not received.
6.1 Delivery costs. The costs of delivery will be as detailed on our website at the time you place your order.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you, depending on the delivery option you select at checkout. We will email you to notify you that your order has been dispatched. You should then receive an email from our selected courier with tracking information. We always use our reasonable efforts to deliver your order to you as soon as reasonably possible and within the estimated delivery date. If for any reason this is not possible, we will deliver the products to you within 30 days after the day on which we accept your order.
6.2.1 Please note the following in relation to delivery:
22.214.171.124 We may choose to send any orders for rugs separately to the rest of your order. They may therefore be delivered at a different time to the rest of your order.
126.96.36.199 If you choose express delivery at checkout and place your order before 9am (GMT), we will dispatch it the same day, provided that day is a working day. Orders placed after 9am (GMT) on a working day or on any non-working day will be delivered within two working days under our express delivery option.
188.8.131.52 We do not include weekends or bank holidays in any estimated delivery date we provide to you (regardless of whether you elect the express delivery option or not). Your estimated delivery date is therefore the number of working days until your order will be delivered to you.
6.3 We are not liable or responsible for delays caused by any events outside our control or for any failure to perform any of our obligations under these terms as a result of any event outside our control. If our supply of the products is delayed or we fail to perform any of our obligations under this contract as a result of an event outside our control then we will contact you as soon as reasonably possible to notify you and we reserve the right to end the contract if we are unable to perform any of our obligations under these terms as a result of an event outside our control.
6.4 What is an event outside our control? For the avoidance of any doubt, 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, pandemic or other natural disaster or non-performance by third parties integral to the manufacture and supply of the products.
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or otherwise require a signature, our couriers will either leave the parcel in a safe place at your premises or leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.6 If you do not re-arrange delivery. If you do not re-arrange delivery or collect the products from a delivery depot after a failed delivery to you, we will contact you for further instructions and may charge you for storage costs and any further delivery costs we incur. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection from the depot we may end the contract and get the products returned to us. We will deduct our expenses in doing so from any refund we issue you.
6.7 When you become responsible for the products. Any products will be your responsibility from the time the courier delivers the product to the address you gave us.
6.8 When you own the products. You will own the products once we have received payment in full.
7.1 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days of receiving them and receive a refund. If you would like to return any of our products to us, you must visit our Contact Us page and fill in the form available there, or complete the form at the end of these terms and return this to us using the contact details at paragraph 2.2, within 14 days of receipt of the products. We are unable to accept returned products if you fail to give us prior notification. Any products you wish to return must be complete, unused, in ‘as new’ condition and re-packaged in the way you received it.
7.2 How long do I have to return my products? How long you have depends on what you have ordered and how it is delivered. If the products you have ordered are all delivered together, you have 14 days after the day your products were delivered to the address specified on your order. If your products are split into several deliveries over different days (for example, if you ordered a rug as part of your order), you have until 14 days after the day the last delivery was made to the delivery address on your order to change your mind about the products.
7.3 Cost of returns where you are exercising your right to change your mind. Where you are exercising your right to change your mind, you are responsible for the costs to deliver the products back to us.
7.4 How to return the products to us. You must post the products back to us at the following address using a courier or other registered delivery service: Online Home Shop Returns Pinmill House Priestley Road Wardley Industrial Estate Worsley M28 2LX
7.5 What to do once you have posted your parcel back to us. Once you have posted your parcel back to us, you must email us your parcel’s tracking number which will be detailed on your postage receipt from the courier or registered delivery service. Once we have your tracking number, we will be able to process a refund for you. Please email us at firstname.lastname@example.org for this purpose.
7.6 Make sure you keep your postage receipt from the courier or other registered delivery service. You must have a valid postage receipt (including parcel weight) for all return parcel enquiries as you will need to provide us with this (including the tracking number) in case your parcel becomes lost in transit. Any non-delivery cases will not be valid without this receipt. It will be your responsibility to begin a claim against the courier or other delivery service provider for any parcel lost in transit. We do not accept any liability for this.
7.7 What if there is a problem with my product? If there is a problem, please follow the steps outlined in clause 9 to help us resolve the issue for you.
7.8 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to return your products under clause 7.1 then please bear in mind that:
7.8.1 We may reduce your refund of the price to reflect any reduction in the value of the products if such a reduction has been caused by your handling of the products 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 products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount by way of compensation for the damage and we will contact you about this at the relevant time.
7.8.2 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.
8.1 How we will refund you. We will refund you the price you paid for the products by the method you used for payment.
8.2 When your refund will be made. We will make any refunds due to you as soon as possible and 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 7.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0161 794 9213, write to us at email@example.com or submit a form to us via our Contact Us page which you can access here.
9.2 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 products. 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. Under the Consumer Rights Act 2015, 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.
9.3 Your obligation to return faulty products. If you wish to exercise your legal rights to reject products you must post them back to us following the procedure set out in clause 7.4. Clause 7.6 also applies to your return of faulty products. We will pay the costs of postage for faulty products. Please refer to our FAQs page here to find our returns policy for faulty products.
9.4 Our obligation to replace faulty products. We will replace your faulty product(s) subject to you returning it or them. If you do not want us to replace your product(s), we will refund you the price you paid for the product(s) (including delivery costs) by the method you used for payment.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the product page on our website and 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 10.2 for what happens if we discover an error in the price of the product you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our reasonable 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. 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.
10.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards except for American Express. 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.
11. Our responsibility for loss or damage suffered by you
11.1 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 breaching these terms 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.
11.2 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 as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987.
11.3 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.
12. Other important terms
12.1 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 if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 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.
12.3 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.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each clause 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.
12.5 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.
12.6 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit your complaint to the European Commission Online Dispute Resolution platform.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
Magmac Limited T/A Online Home Shop
Wardley Industrial Estate
Tel: 0161 794 9213
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate
© Crown copyright 2013.