Terms & Conditions
This page covers the terms and conditions as to which we supply all of the goods shown on our website: www.smlworld.co.uk. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. For future reference, you may want to print a copy of these terms and conditions.
Definitions
Basis of Sale
We may refuse the Order for any reason at our discretion.
Our Guarantees
This page covers the terms and conditions as to which we supply all of the goods shown on our website: www.smlworld.co.uk. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions. For future reference, you may want to print a copy of these terms and conditions.
Definitions
- The following definitions apply to these terms and conditions:
- Goods: the products we are selling.
- Order: your order for the goods.
- Terms: as set out on this page.
- Writing or written: includes faxes and e-mail.
Basis of Sale
- These Terms, your Order and the order confirmation we send you will set out the contract between you and us for the sale of the Goods. Please check that the details on the Order are complete and accurate before committing yourself to the agreement. If you think there is a mistake, please confirm any changes in writing. Please ensure that you read and understand our Terms before you submit the Order.
- These Terms are the only Terms & Conditions that apply and all other Terms are excluded.
- Any images, samples and descriptions on our website, or catalogue, are published to provide you with an approximate idea of the Goods they describe. They are not contractually binding.
- These Terms shall become binding on you and us when:
- We issue you with written acceptance - Order Confirmation
- We deliver the Goods to you,
We may refuse the Order for any reason at our discretion.
- We shall assign an order number to the Order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence.
- We have the right to revise and amend these Terms from time to time without notice to you. Please ensure you are familiar with the up to date Terms prior to placing an Order. The applicable Terms are those in force at the time that you place your order.
Our Guarantees
- We warrant that on delivery, the Goods shall:
- Be of satisfactory quality;
- Be free from material defects in design, material and workmanship; and
- Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
- This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or you fail to follow our instructions, or you make any alteration or repair without our prior written approval.
- These Terms also apply to any repaired or replacement Goods if the original goods were faulty.
- Except as set out in these Terms all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
- Standard Delivery: Orders of stocked items we aim to deliver within 3-5 working days. We will notify you if an item is out of stock for more than 2 weeks or more.
- We will accept returns of goods for any reason and provide a full refund provided that:
- You let us know that you wish to return the Goods within 14 days of delivery;
- The Goods are unused and in their original form including all packaging
- If you cancel your orders within the 14 days cancellation period we will refund the cost of Goods, excluding delivery charges.
- If Goods are faulty, please let us know as soon as possible after delivery. You have 14 days to notify us of your desire to return the product. We will then arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third-party carrier) OR ask you to return the Goods to us at our cost and once we have confirmed that the Goods are faulty, we will:
- Provide you with a full or partial refund;
- Replace the Goods; or
- Repair the Goods.
- These Terms will apply to any repaired or replacement Goods we supply to you.
- In the unlikely event that you consider that our service has fallen below your expectations, you may apply to us for our Service Satisfaction Voucher. We will assess your application and upon acceptance, issue you with a Service Satisfaction Voucher.
- For the return of direct delivery items a handling charge may be applied which you will be advised of at the time that the return is requested.
- The Goods will be your responsibility from time of delivery.
- Ownership of the Goods will only pass to you when we receive payment in full and all funds have cleared.
- We can recover any Goods in respect of which ownership has not passed to you at any time. You agree to, immediately following written request from us, allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery.
- Prices may vary to those that appear in our Catalogue or Website
- Prices exclude VAT.
- Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
- If you do not have an account with us payment for all Goods must be made in advance by credit or debit card or by cheque.
- If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice within the time specified on the invoice or specified elsewhere by us to you. In any event (and in the absence of any other notification) such time shall be no longer than 30 calendar days from the date of invoice.
- If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount. You must pay us interest together with the overdue amount.
- Without limiting any other rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
- We shall only be responsible for losses, which are a foreseeable consequence of our failure to comply with these Terms and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
- We shall not be responsible for indirect losses that you suffer as a result of our failure to comply with these Terms, including, but not limited to, the following categories:
- Loss of income or revenue
- Loss of business
- Loss of anticipated savings
- Loss of data
- Any waste of time
- This condition does not include or limit in any way our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability
- Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we are not prohibited from doing so by the laws of England and Wales we exclude all warranties which are implied into these Terms whether by legislation or otherwise.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event “).
- A Force Majeure Event includes any act that is outside of our reasonable control.
- Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
- We shall comply with our obligations under the Data Protection Act 1998. We may record your calls for quality and training purposes.
- You may not transfer any of your rights or obligations under these Terms to another person (including a body corporate) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
- All notices sent by you to us must be sent to Small World, Big Imaginations Ltd, 9 Burnham Place, Syresham, Northamptonshire, NN13 5HT. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
- If any of the provisions of these terms are unenforceable, the term will continue to be valid to the fullest extent permitted by law.
- No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- These Terms shall be governed by English law and the jurisdiction of the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms, which are available on request.
- A promotion code can only be used once by customers. No cash alternative is available and the offer is not transferable. An offer for single use cannot be used in conjunction with any other offer, sale or contract priced items. Discount may exclude selected items from the range. Offer valid from date shown. If any item is returned any credits will be issued at the invoice value of the products. We reserve the right to charge full price in respect of any order where it is believed that the offer is being used contrary to these terms and conditions or in bad faith. We reserve the right to vary or withdraw the offer at any time without notice or cause. Please note that certain goods and promotions are only available in the United Kingdom and, as such, may be unavailable in the region or country from which you are accessing our website.