Terms Of Use

LAST UPDATED: [09/05/2022]

This website [https://www.smithandallan.com] (the Website) is owned and operated by [Smith and Allan], a company registered in [England and Wales], whose principal place of business is: [Smith and Allan, Valley Street North, Darlington, DL1 1QE] (the Company).

Your use of this Website is subject to the provisions set out in these Website terms (the Terms of Use).

  1. INTERPRETATION
    1. The following definitions apply to these Terms of Use:

Affiliate” means any particular person, person, entity, or entities either: (i) directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control of the Company; or (ii) owning (directly or indirectly) 10% or more of the direct or indirect equity interests in the Company;

Company”, “we”, “us”, and “our” means [Smith and Allan].

Intellectual Propertymeans any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, Internet domain name or industrial design, any registrations thereof and pending applications therefor (to the extent applicable), any other intellectual property right (including, without limitation, any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database or data right), and license or other contract (including without limitation license(s) to use specific telephone numbers and/or radio channels/frequencies) relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing.

Privacy Policy” means the Company’s Privacy Policy which can be accessed via the link under section 12.1;

Terms of Use” has the meaning given to it under section 2.1;

Website” means [https://www.smithandallan.com].

  1. GENERL TERMS
    1. Your use of the Website will constitute as your acceptance and agreement to be bound by these Terms of Use. The Company may make changes to these Terms of Use from time to time. The Company may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when the Company last updated these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Website following changes to these Terms of Use will constitute your acceptance of those changes.

    2. You are responsible for all access to the Website using your Internet connection, even if the access is by another person.

    3. The Company reserve the right to restrict your access to the Website or any part of it. Access to restricted areas of the Website may be subject to registration and/or other conditions. If the Company grants you permission to access a restricted area, the Company may withdraw that permission at any time (including where you breach any of these Terms of Use).

    4. The Company will use reasonable efforts to ensure that the Website is available and/or accessible at all times however, the Company cannot guarantee that the Website, or any individual function or feature of the Website, will always be available and/or error free. In particular, the Website may be unavailable during periods when the Company is implementing upgrades to or carrying out essential maintenance on the Website.

  2. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property contained and/or used on the Website, including but not limited to all text, pictures, videos and other virtual content made available on it are owned by the Company and its licensors. You may not print or otherwise make copies and/or use of any such content without prior written permission from the Company.

  3. LIABILITY

  1. The Company provide the Website on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any and/or all content published, or made available on the Website. To the maximum extent permitted by law, the Company expressly excludes:
    1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and


  1. any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your accessing, use of the Website.


  1. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

  2. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

  1. RESTRICTIONS OF USE
    1. Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for any commercial purpose. Your use of the Website is conditional on your compliance with all of the provisions set out in these Terms of Use, and you agree that you will not:
      1. use the Website for any fraudulent and/or unlawful purpose;


  1. use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;


  1. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person and/or entity in connection with the Website; or express or imply that the Company endorse any statement you make;


  1. interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;


  1. transmit or otherwise make available in connection with the Website any virus, worm, trojan horse and/or any other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;


  1. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;


  1. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact the Company and it may provide interface data subject to verification of your identity and other information;


  1. remove any Intellectual Property and/or other proprietary rights from the Website or materials originating from the Website;


  1. frame and/or mirror any part of the Website without the express prior written consent of the Company;


  1. create a database by systematically downloading and storing any of the Website’s content and/or Intellectual Property;


  1. use any manual and/or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without the express prior written consent of the Company. Notwithstanding the foregoing, the Company grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of, and solely to the extent necessary for creating publicly available searchable indices of such materials, solely in connection with each operator’s public online search service.

5.2 The Company reserves the right to revoke these exceptions either generally or in specific instances.

  1. THIRD PARTY WEBSITES
    1. The Website may provide links to other third-party websites and online resources. The Company are not responsible for, do not endorse, and assume no liability in respect of such external third-party websites and/or resources. Your use of third-party websites and resources accessed via any/all links published on the Website is entirely at your own risk.

    2. The Company may, with immediate effect, block any links to or from the Website at any time. Additionally, the Company may provide tools to allow you to link to the Website directly from a third-party website. In the event that you access the Website (whether using such tools or otherwise), you agree that:
      1. you will disable and/or remove any such link promptly upon the request of the Company.


OR


  1. you may create a link to this Website, provided that:


  1. the link (and the contents contained therein) does not infringe any laws and/or rights of third parties, and is not presented in a way that is:


  1. misleading or could suggest any type of association, approval or endorsement by the Company that does not exist, or


  1. harmful to the Company’s reputation or the reputation of any of the Company’s Affiliates;


  1. you retain the legal right and technical ability to immediately remove the link at any time, following a request by the Company to do so;


  1. [[where the website owner wishes to prevent deep linking] the link is to the homepage of this Website at the following URL [https://www.smithandallan.com];]


  1. [[where the website owner wishes to prevent framing] the link will not cause this Website or any content on this Website to be:


  1. embedded in or ‘framed’ by any other website, or

  2. otherwise displayed in a way different to the way originally intended by the Company.]

The Company reserve the right to require you to immediately remove any link to the Website at any time, and you shall immediately comply with any request by the Company to remove any such link.]

  1. PRIVACY POLICY
    1. The Company may collect and use information about you in accordance with our Privacy Policy. You can view a copy of this Privacy Policy by using the following link: (https://www.smithandallan.com/privacy-policy).


  1. TERMINATION OF USE
    1. These Terms of Use shall remain in full force and effect unless amended in accordance with section 2.1, or until terminated by the Company. The Company may, at any time and for any reason, terminate your access to or use of the Website. If the Company terminate your access to the Website you will not have the right to bring any claim/s against the Company or its Affiliates with respect to such termination. The Company and its Affiliates shall not be liable for issues any termination of your access to the Website.

  2. GOVERNING LAW & JURISDICTION
    1. These Terms of Use and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

    2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with these Terms of Use, their subject matter or formation (including non-contractual disputes or claims).



E-Commerce

Online Terms and Conditions for the Supply of Goods

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key 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 are entitled to the following:

up to 30 days: if your goods are faulty, you can get a refund;

up to six months: if it can’t be repaired or replaced, then you are entitled to a full refund in most cases;

up to six years: if the 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. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

In this contract:

If you have any questions about this contract or any orders you have placed, please contact us by:

Who are we?

We are [Smith and Allan][ (trading as [Smith and Allan])].

Our registered office is at: [Smith and Allan, Valley Street North, Darlington, DL1 1QE].

Our VAT number is: [258 1314 67].

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

  1. Introduction
    1. If you buy goods on our site you agree to be legally bound by this contract.

    2. [These terms and conditions apply only if you are buying goods on our site as a consumer (ie for purposes outside of your business, craft or profession). If you are buying goods on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed [link to B to B conditions]

    3. When buying any goods and/or services on our site you also agree to be legally bound by:
      1. our website terms and conditions extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons]. We will contact you to let you know if we intend to do this by giving you one month’s notice You can end this contract at any time by giving one month’s notice if we tell you extra terms apply and those extra terms materially change your obligations under the contract, including but not exclusively an increase in the price; and

      2. specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods or click on the [insert details such as ‘key information’ button] at any time during the online checkout process and a copy provided within the acknowledgement email.

All of the above documents form part of this contract as though set out in full here.

  1. Information we give you
    1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. click on the ‘key information’ button;

      2. read the acknowledgement email (see clause 4.3); or

      3. contact us using the contact details at the top of this page.

    2. The key information we give you by law forms part of this contract (as though it is set out in full here).

    3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

  2. Your privacy and personal information
    1. Our Privacy Policy is available at [insert web address].

    2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

  3. Ordering goods from us
    1. Below, we set out how a legally binding contract between you and us is made.

    2. You place an order on the site by [insert details]. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

    3. When you place your order at the end of the online checkout process (eg when you click on the [insert details such as ‘pay now’ button]), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

    4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
      1. the goods are unavailable;

      2. we cannot authorise your payment;

      3. you are not allowed to buy the goods from us;

      4. we are not allowed to sell the goods to you;

      5. you have mistakenly ordered too many goods; or

      6. there has been a mistake on the pricing or description of the goods.

    5. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
      1. a legally binding contract will be in place between you and us; and

      2. we will dispatch the goods to you.

    6. If you are under the age of 18 you may not buy any goods or services from the site.[ You may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.]

  4. Right to cancel
    1. You have the right to cancel this contract within 14 days without giving any reason.

    2. The cancellation period will expire after 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.

    3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page.

    4. 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.

    5. This clause does not affect the rights you have if your goods are faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.

  5. Effects of cancellation
    1. If you cancel this contract, we will :
      1. reimburse to you all payments received from you save that we may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you, which we consider to be handling other than that necessary to establish the nature, characteristics and functioning of the goods.

      2. reimburse 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).

    2. We will make the reimbursement without undue delay, and not later than:
      1. 14 days after the day we received back from you any goods supplied;

      2. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

    3. 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.
      1. We may withhold reimbursement until we have received the goods back from you in good condition. We recommend the use of [insert courier name] and require the return of the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us;

  6. Delivery
    1. We use [insert service provider] to deliver our goods. For information on delivery options and costs, visit our webpage [insert details such as ‘Delivering to you’]. During the online checkout process, you will be given available delivery options to choose from.

    2. The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).

    3. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

    4. Delivery will take place at the address specified by you when you placed your order with us.

    5. [We may at our discretion require you to provide our driver/delivery service with a form of ID (passport or photocard driving licence) prior to delivery of the any goods.

    6. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:
      1. let you know;

      2. cancel your order; and

      3. give you a refund.

    7. If nobody is available to take delivery, please contact us using the contact details at the top of this page.

    8. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.

    9. [We do not make deliveries to any addresses outside of the UK.[ However, we do deliver to British Forces Post Office (BFPO) addresses (although please check that you are allowed to receive the goods at your BFPO address as some goods may be restricted or prohibited).]]

    10. We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, click on the [insert details such as ‘key information’ button] at any time during the online checkout process.

  7. Payment
    1. We accept the following credit cards and debit cards: [insert details]. We do not accept cash or cheques.

    2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

    3. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
      1. Verified by Visa: [insert website link];

      2. Mastercard®SecureCodeTM: [insert website link]; or

      3. American Express SafeKey: [insert website link].

    4. If your payment is not received by us then your goods will not be despatched; if you have already received the goods, you must:
      1. pay for such goods as soon as possible and in any case within [insert figure eg 30 days]; or

      2. return them to us as soon as possible and in any case within [insert figure eg 30 days]. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

    5. If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

    6. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

    7. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, visit our webpage [insert details such as ‘Delivering to you’].

  8. Nature of the goods
    1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

    2. We are under a legal duty to supply you with goods that are in conformity with this contract.

    3. The packaging of the goods may be different from that shown on the site.

    4. While we try to make sure that:
      1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to [insert figure eg 1]% in such weights, sizes and measurements in the following goods: [insert details]; and

      2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

    5. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

    6. If we can’t supply certain goods (such as [insert details]), we may need to substitute them with alternative goods of equal or better standard and value. In this case:
      1. we will let you know if we intend to do this but this may not always be possible; and

      2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

  9. Faulty goods
    1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
      1. visit our webpage: [insert details such as ‘Our promises to you if things go wrong’];

      2. contact us using the contact details at the top of this page; or

      3. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

    2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

    3. If your goods are faulty, please contact us using the contact details at the top of this page.

  10. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

Where any payments due under the contract are made in instalments or made over a minimum term then on termination you will be liable to pay all remaining instalments or all payments due to the end of the minimum term.

  1. Limitation on our liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
      1. losses that were not foreseeable to you and us when the contract was formed;

      2. losses that were not caused by any breach on our part;

      3. business losses; or

      4. losses to non-consumers.

  2. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.[ However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred

  1. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

    2. If a dispute cannot be resolved, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

    3. You can submit your dispute to [insert name of ADR provider] by going to [insert website link]. [Name of ADR provider] is the ADR provider we use and is approved by the government to provide ADR services.

    4. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

    5. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.