MAGIMIX TERMS OF SALE
These Terms of Sale (“Terms”) apply to anyone who makes a purchase on the Magimix Website.
Please read these Terms carefully before placing an order, to understand who we are, how a contract is formed when you purchase a product (and how you and we may end the contract), what to do if there is a problem and other important information.
Where we refer to the “Magimix Website”, we mean the website which can be accessed at https://shop.magimix.co.uk.
Magimix UK Limited (“Magimix” / “we” / “our” / “us”) is a company registered in England and Wales under company number 02142370. Our registered office is at 19 Bridge Street, Godalming, Surrey, GU7 1HY and our registered VAT number is. 414018691
You can contact us by e-mailing firstname.lastname@example.org. Alternatively, if you would prefer to contact us by post, our address is Magimix, 19 Bridge Street, Godalming, Surrey, GU7 1HY, England.
For example, you may wish to contact us:
· if there is something in these Terms that you don’t understand and you want to talk to us about it; or
· if you would like a copy of these Terms in another format (for example, in large print).
However, if you are returning a product you must use our returns address. See HOW TO RETURN THE PRODUCTS
The Magimix Website is for UK customers only. We do not deliver to addresses outside the UK. To order Magimix products in France, please visit www.magimix.fr. You must be over 18 to purchase a product on the Magimix Website.
When you purchase a product, you will be invited to register and create an account on the Magimix Website if you have not already done so.You will need to have an account to order a product.
Please note, if you are purchasing products on behalf of your business, you will not be able to benefit from the consumer rights in these Terms.
How to place an order. You can order products by following the order process on the Magimix Website. Each order is an offer by you to purchase the products specified in that order. Please read and check your order carefully before submitting it. It is your responsibility to ensure that the terms of your order are accurate and complete. This includes:
· the type and quantity of products;
· the delivery method;
· any information you submit as part of your order, such as your contact details, payment method and delivery and billing address.
Once you have placed your order, we will e-mail you an order confirmation to acknowledge that we have received it. This order confirmation is not our acceptance of your order.
How we accept your order. Our acceptance of your order takes place when we e-mail you to tell you that we accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order for any reason, we will e-mail you to let you know and will not process your order. We might be unable to accept your order if your payment cannot be authorised for any reason; if the products are unavailable; or if we have made a mistake regarding the cost or description of the products, for example. We will refund any sums you have paid.
Your order number. We will give you an order number when we accept your order. It will help us if you can tell us the order number whenever you contact us about that order.
The price of each product is clearly set out on the Magimix Website. All prices stated are in pounds sterling and include the cost of VAT, but not the cost of delivery, which is stated separately (see DELIVERY).
Changes to our prices. We reserve the right to change the prices of our products from time to time. We may also temporarily change our prices as part of a sale or special offer. The price that applies to your order will be as stated on the Magimix Website at the time you place that order. Any changes to our prices after you have placed your order will not affect that order.
Errors in our prices. We try to ensure that all our prices are correct, but sometimes errors may occur. We will inform you as soon as possible if we notice that a product you wish to purchase has been incorrectly priced. If we notice this before accepting your order, we will give you the option of continuing to purchase the product at the correct price or cancelling your order. However, if we mistakenly accept and process your order where a pricing error is obvious and could have been reasonably recognised by you as a mispricing, we may end the contract, ask you to return the product (if applicable) and refund any sums you have paid.
You must pay for products on the Magimix Website using one of the specified payment methods. You must enter your payment details when placing your order, and we will charge you as set out below.
Single payment. If you choose to pay in one single payment, we will charge your chosen payment method when we dispatch the product.
Payment in instalments. If you choose to pay in three interest-free instalments, we will charge your chosen payment method in three equal instalments as follows:
· payment 1: when we dispatch the product;
· payment 2: 30 days after the date of dispatch; and
· payment 3: 60 days after the date of dispatch.
Depending on your chosen payment method, you will be re-directed to the appropriate payment platform in order to complete your transaction. Magimix will not itself process any of your payment details.
If, for any reason, we do not receive your payment and you have already received the products, you must either:
· pay for the products within 30 days (for example, using an alternative payment method); or
· return the products to us as soon as possible without using them (see HOW TO RETURN THE PRODUCTS).
You must contact us promptly if you think you have been charged the wrong amount for your order, so that we can investigate this and provide you with a refund if necessary (see HOW TO CONTACT US).
If a product is unavailable for any reason, we try to say so on the Magimix Website, however we cannot always guarantee to do so. If you place an order for a product that is unavailable, we will e-mail you to let you know. We may still accept that order if it includes other products, but we will not charge you for products that are unavailable. We will be unable to accept your order if it only includes products that are unavailable (please see OUR CONTRACT WITH YOU).
Images of the products on the Magimix Website are for illustrative purposes only. Although we make every effort to display the products accurately, the products you purchase may differ slightly from these images. For example, the screen of your device may not accurately reflect the colour of the products.
The packaging of the products may also differ from that shown on the Magimix Website.
Delivery methods and costs. Our delivery methods and costs are clearly set out on the Magimix Website. You must choose a delivery method when placing your order.
We reserve the right to change your delivery method at our cost if it becomes necessary to do so (for example, because of the weight or size of the products). However, in these circumstances, we will make every effort to ensure such changes only result in the same (or a better) standard and time for delivery.
When and where we will deliver the products. You must also choose a delivery date when placing your order. We will e-mail you to let you know when the products have been dispatched and a courier appointed by us will give you an estimated time for delivery. You may be able to agree specific delivery conditions or requirements with the courier.
We are not responsible for delays outside our control. If something happens which is outside our control and affects the estimated date for delivery, we will let you know as soon as possible and take steps to minimise the effect of the delay. We will also let you know the revised estimated delivery date. Provided we do this, we will not be liable for the delay. However, 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 which have not been received.
When you own and become responsible for the products. You will own the products once we have received your payment in full. The products will become your responsibility from the time that we deliver them to your specified delivery address.
If no one is available to take delivery. If no one is available to take delivery at your specified delivery address, you must contact the courier to advise that you will not be in.
We hope you will be pleased with the products you purchase, but you can end your contract with us in certain circumstances. Some of the ways you may do this are described further below.
Your rights when you end the contract will depend on a number of factors, including when you decide to do so, how we are performing and whether there is anything wrong with the products.
Your right to change your mind. You have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund (see Summary of your legal rights). This will end your contract with us.
You have 14 days to change your mind, from the day you (or someone nominated by you) receive the products. Where you order multiple products that are delivered separately, you have 14 days from the day you (or someone nominated by you) receive the last product in your order.
To exercise this right to change your mind, you must inform us by a clear statement (for example in an e-mail or letter) before the 14-day period has expired. The easiest way to do this is to use the model cancellation form (see CANCELLATION FORM), but it is not obligatory.
Products that are faulty or not as described. You also have legal rights under the Consumer Rights Act 2015 if, for example, a product is faulty or not as described. In these circumstances, you may have a right to end your contract with us (or to get the product repaired or replaced, or to get a full or partial refund) (see IF THERE IS A PROBLEM WITH THE PRODUCTS).
Error, delay or something we have done wrong. You can also end your contract with us for one of the following reasons:
· there is a risk that delivery of the products may be significantly delayed because of events outside our control;
· we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed; or
· you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
In each case, the contract will end as soon as you let us know that you wish to cancel your order or end the contract, and we will refund you for any products which have not been delivered (see REFUNDS). You may also be entitled to compensation.
You must return the products to us:
· if you end your contract with us for any reason after the products have been delivered to you;
· if you wish to exercise your legal rights to reject the products (see IF THERE IS A PROBLEM WITH THE PRODUCTS);
· in other circumstances we have specified in these Terms.
If you are exercising your right to change your mind, you must send the products back to us within 14 days of telling us you wish to end the contract.
To return the products, you must follow the returns process on the Magimix Website. Our address for returns is Magimix, e-shop RETURNS, Unit B, Grovebell Industrial Estate, Wrecclesham Rd, Farnham, Surrey, GU10 4PL.
You must carefully re-pack the products and send them back to us in their original, unopened packaging, including all manuals, accessories and attachments.
We will pay the costs of return:
· if there is a problem with the products (for example, the products are faulty or not as described) (see IF THERE IS A PROBLEM WITH THE PRODUCTS); or
· if you are ending the contract because we have told you about an error in pricing or description, a delay in delivery 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.
If you end your contract with us and you are entitled to a refund, we will refund you the price you paid for the products including the cost of delivery (subject to certain deductions as set out below), by the method you used for payment.
We will refund you within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases (for example, if the products were not delivered to you), we will refund you within 14 days of you telling us you wish to cancel the contract.
If you are exercising your right to change your mind, we may make certain deductions from your refund as follows:
· we may reduce your refund to reflect any reduction in the value of the products that has been caused by your unnecessary handling of them; and
· in respect of delivery costs, we will only refund an amount equal to the least expensive delivery method (even if you paid for a more expensive delivery method).
If you have any questions or complaints about a product you have purchased from the Magimix Website, please contact us (see HOW TO CONTACT US).
We are under a legal duty to provide you with products that comply with these Terms and your contract with us. 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.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
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 you’re entitled to the following:
· up to 30 days: if your goods are faulty, you can get a refund;
· up to six months: if your goods are faulty and can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
· up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. These are subject to certain exceptions. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
Please contact us as soon as possible if, in accordance with your legal rights set out above (see Summary of your legal rights), you would like:
· us to repair or replace a product;
· a price reduction; or
· to reject the product and get a refund.
(See HOW TO CONTACT US).
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 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, for example, if you discussed it with us during the sales process.
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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in the section Summary of your legal rights; and for defective products under the Consumer Protection Act 1987. In addition, we do not exclude or limit our liability arising under applicable laws relating to the protection of your personal information.
If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
We may transfer our rights and obligations under these Terms to another organisation. However, we will always notify you in writing if this happens. You may not transfer your rights under these Terms to another person.
Only you, Magimix and any of Magimix’s successors can enforce these Terms. They do not confer any rights on anyone else.
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.
Even if we delay in enforcing these Terms, we can still enforce them 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 failure to comply with these Terms, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.
Any paragraph of these Terms that is stated or (by implication) intended to apply after your contract with us comes to an end for any reason shall continue to do so after the contract has ended.
These Terms are governed by English law. You and we agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.
We may need to change these Terms from time to time, for example to reflect changes in the law. The version of these Terms that apply to your order are those which are available on the Magimix Website at the time you place that order. Any changes to these Terms after you have placed your order will not affect that order. Please read these Terms carefully each time you make a purchase.
These Terms were last updated in [April 2020].
To: Magimix UK Limited, 19 Bridge Street, Godalming, Surrey, GU7 1HY, England email@example.com
I hereby give notice that I cancel my contract of sale of the following goods: [PLEASE SPECIFY PRODUCTS]
Name of consumer:
Address of consumer:
Signature of consumer (if this form is on paper):
YOUR ACCEPTANCE OF THESE TERMS
BY CLICKING “ACCEPT”, YOU CONFIRM THAT:
- YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS;
- YOU ARE AT LEAST 18 YEARS OF AGE; AND
- YOU UNDERSTAND WHEN YOU CAN EXERCISE YOUR RIGHT TO CHANGE YOUR MIND ABOUT A PRODUCT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT CLICK “ACCEPT” WHEN REQUESTED.
THIS WILL MEAN YOU CANNOT PURCHASE PRODUCTS ON THE MAGIMIX WEBSITE.