TERMS AND CONDITIONS
By making a purchase with us, you are agreeing to the Terms and it is your own responsibility to ensure that you are fully aware of these.
- OUR CONTRACT WITH YOU
1.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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. Alternatively, you can request that a member of our customer services team places an order on your behalf.
1.2 After you place an order you will receive three emails from us including the following:
1.2.1 An email acknowledging we have received your order (“Order Confirmation“) stating that the order is being processed by our system;
1.2.2 An email to notify you that the item has been ‘picked’ from stock and allocated to your order, at which point your card will be charged; and
1.2.3 Final email containing the tracking number so that you can track delivery of the Goods online.
1.3 When you submit your order and receive an Order Confirmation from us, this does not mean that we have accepted your order, this only means that the order has been successfully received into our system. Following Order Confirmation, we will undertake validity and verification checks. Subject to receiving clear results from such checks, a contract will come into existence between you and us and we will provide you with an email to confirm that the product has been ‘picked’ from stock and allocated to your order (as detailed within condition 1.2.2) above.
1.4 We shall assign an order number to your order and inform you of this in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to your order.
1.5 We may send you an email to say that we do not accept your order. This is typically for the following reasons:
1.5.1 The Goods are not available.
1.5.2 we cannot obtain authorisation of your payment;
1.5.3 we are unable to meet your requested delivery date;
1.5.4 It fails the security checks; or
1.5.5 There has been an error by us in the pricing or description of the goods.
1.6 If we are unable to supply you with the Goods, for example because the Goods are not in stock or are no longer available, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
1.7 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your device’s display will accurately reflect the Goods. The Goods delivered to you may vary slightly from those images.
2.1 The price of the Goods will be as shown on our website at the time we confirm your order. Our prices include VAT at the current valid rate.
2.2 The price of the Goods does not include delivery charges, which will be notified to you during the checkout process and before you confirm your order.
2.3 Any promotional prices or deals are subject to availability and may be withdrawn at any time.
2.4 We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However it is always possible that, despite our reasonable efforts, some of the Goods on our Site may be incorrectly priced. We will normally check prices as part of our despatch procedures so that:
2.4.1 where the Goods’ correct price is less than the price stated on our Site, we will charge the lower amount when despatching the Goods to you; and
2.4.2 if the Goods’ correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
2.5 Our prices change daily. Generally, we release new prices on a schedule and prices change at midnight only, however, we may also update prices during working hours. Subject to conditions 1.5.5 and 2.4, price changes will not affect orders once a contract is in place in accordance with condition 1.3.
2.6 All manufacturers generally have price increases throughout the year, due to increases in manufacturing costs and inflation. While we try to absorb as much of these costs ourselves, these price increases are unavoidable. We always aim to notify customers of pending price increases on the product details page.
2.7 We do not have control over prices listed on external sites, including Google cached listings, shopping feeds or any other site. We are not obliged to provide products for any price which is listed on an external site. We do not have control of the rate at which search engines crawl our site, and therefore the information in the search results may not be indicative of up to date prices.
3.1 We accept most common forms of electronic payment including but not limited to VISA, MasterCard, American Express, Maestro, and Paypal. Any charges for payments by credit card will be added to the total order amount and notified to you before you place an order.
3.2 Payment is taken from your card when the Goods are despatched to you. When using Paypal to pay for the Goods, your payment may be instant and we will be unable to delay this until the time of despatch.
3.3 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We may also need to use extra security steps through Verified by Visa, Mastercard®SecureCode or American Express SafeKey.
3.4 We reserve the right to reject a payment or order that we feel is at risk or could be fraudulent. In this instance the price will be refunded using the same payment method and you will be contacted and offered the opportunity to pay by another means or to cancel your order.
- DELIVERY OF GOODS
Please note that timescales for delivery and delivery charges will vary depending on your delivery address and the availability of the Goods. Delivery charges will be notified to you when you place your order. For more information regarding the delivery timescales and charges that apply to your order, please see our Delivery Policy.
- OUR RIGHT TO CANCEL
5.1 We may cancel an order at any time prior to delivery for any reason. This includes for an Event Outside Our Control as defined within condition 12, or the unavailability of stock. We will promptly contact you if this happens.
5.2 If we have to cancel an order in accordance with condition 5.1 after you have paid for the Goods, we will refund the payment to you.
- FAULTY GOODS
6.1 If the Goods are faulty you must return the Goods in accordance with condition 6.3. Subject to the terms of the manufacturer’s warranty, you may be entitled to a replacement of the Goods or a refund in accordance with condition 6.4.
6.2 You have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return or refund in this condition or anything else in these Terms.
7.1 F J Zelley Ltd only store information required to make a purchase and process your order. Your credit card information is NOT stored by us and is always processed across a secure server, using our online payment provider. F J Zelley Ltd do not sell or lease any of your personal information.
Your internet protocol address is logged when placing an order. This is for reasons of fraud protection. All orders are scanned strictly for fraud by our fraud department before they are shipped. If you specify a different shipping address to the billing address then your order may take longer as we have to perform the necessary checks. Fraudulent or suspicious orders may be disclosed to the appropriate authorities on their legal request.
- OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated.
9.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 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 Goods or just the Goods you have yet to receive.
- OUR LIABILITY
10.1 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 the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 the contract.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not exclude or limit in any way our liability for:
10.3.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
10.3.2 Fraud or fraudulent misrepresentation; or
10.3.3 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- EVENTS OUTSIDE OUR CONTROL
11.1 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 an Event Outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation change of law, strikes, lock-outs or other industrial action, 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.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
11.3.1 We will contact you as soon as reasonably possible to notify you; and
11.3.2 Our obligations under these Terms 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 Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods.
- OTHER IMPORTANT TERMS
12.1 Risk of loss and damage of Goods is assumed by you from the moment the Goods are delivered.
12.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this Site if this happens.
12.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.5 Each of the conditions 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.
12.6 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.
12.7 These Terms, together with our current prices and delivery details set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12.8 These Terms are governed by English law and the parties agree that the courts of England will have exclusive jurisdiction in relation to any claim or dispute (including non-contractual claims or disputes) which arise in relation to these Terms or any contract.
- INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 F J Zelley Limited is a company registered in London. Company registration number is 352647, registered office, Abbey House, 51 High Street, Saffron Walden, Essex, CB10 1AE. Registered VAT number: 213 5005 21.
13.2 If you have any questions or if you have a complaint, please contact us by telephoning our customer service team on 01279 654646 or by emailing us at Office@zelley.com.
These Terms were last updated July 2017