Terms & Conditions
SOPHIE HOME - TERMS AND CONDITIONS
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:· Products, Price and Delivery Costs: The Products, Price and Delivery Costs in respect of your order are listed on our Site and will be confirmed when you check out your order on our Site.·
Term: These Terms continue until we have delivered the Products to you (as reasonably determined by us).Our contact details:Sophie Home Ltd, a company registered in England and Wales.
Our company number is 07793753
Phone number: 07876 705212
Email address: firstname.lastname@example.org
1 These Terms
1.1 What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you.
1.2 Please read these Terms carefully before you accept these Terms by ordering Products from us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end these Terms, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these Terms or require any changes to these Terms, please contact us to discuss (using our contact details above).
1.3 How to tell us about problems: If you have any questions or complaints about the Products, please contact us to discuss (using our contact details above).
(a) This website (Site) is operated by Sophie Home Ltd, a company registered in England and Wales, with company registration number O7793753 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site.
3 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for Products through the Site unless you are at least 16 years old.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personalinformation without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
(a) You may purchase the Products from us without an account or you may choose to create an account with us which allows you to review your order history.
(b) You must ensure that any personal data you give to us when creating an account is accurate and up-to-date. All personal data that you give to us will be treated in accordance with our privacy notice. You can find our privacy notice at: https://sophiehome.com/pages/privacy-policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Products to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
(e) All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.
(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including, and without limiting your right to terminate these Terms under clause 8(c), where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
(a) You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause 6. All amounts are stated in pounds, being the currency of the United Kingdom time to time, and are inclusive of value added tax (or any equivalent tax in the United Kingdom) (VAT), (where applicable).
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(f) Where you order the Products for delivery outside of the United Kingdom, you may need to pay custom charges or taxes in addition to the Price, and you agree to make payment of such custom charges, duties and taxes. You acknowledge and agree that if the Products are returned to us by HM Revenue & Customers (or any other UK or international customs authority) due to unpaid custom charges, duties and/or taxes, we will not refund any delivery costs paid by you in relation to the Products. You will be liable for and payment of indemnify us against all return shipping and re-stocking costs, any fines or charges payable to the relevant authority, and additional delivery and shipping costs (if you want the Products re-sent to you by us).
(g) We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
7 Supply of the Products
(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.
(b) We warrant to you that the Products will be provided using reasonable care and skill.
8 Delivery, title and risk
(a) Where possible, we will deliver the Products to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).
(b) We will deliver the Products to you as soon as reasonably possible, and in any event, within 30 days after the day on which we accept the order, unless we otherwise make you aware of a different estimated delivery date.
(c) We provide you with a tracking link to keep up to date with where your Product is. Where your Product is lost by a third party delivery company, please let us know, and we will replace the Product, however as you will appreciate, there will be a delay in the delivery time as we will need to re-process your order.
(d) You are responsible for providing the correct delivery address, as this is where we will deliver the Products to. Where you provide the incorrect delivery address, we are not liable for your failure to receive the Products.
(e) This clause 8(c) applies if the Products are goods. If:
(1) we have refused to deliver the relevant Products;
(2) delivery within the delivery period in clause 8(b) was essential (taking into account all the relevant circumstances); or
(3) you told us before we accepted the order that delivery within the delivery deadline was essential,
then you may treat these Terms as at an end and terminate them.
(f) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.
(g) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.
(h) Risk in the Products will pass to you when the Products have come into your physical possession, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Products will pass to you on delivery to the carrier.
9 Change of mind returns Exercising your right to change your mind (Consumer Contracts Regulations 2013)
(a) You have 14 days after the day you (or someone you nominate) receive the Products to change your mind, cancel these Terms with us and return the Products to us, unless the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery, to change your mind.
(b) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:
(1) Products that are used and/or not in their original condition;
(2) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(3) any Products which become mixed inseparably with other items after their delivery.
(c) Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms, you should use the Model Cancellation Form at Attachment 1.
10 Problems with the Products
(a) We are under a legal duty to supply Products that are in conformity with these Terms.
(b) Please let us know if you have any problems with the Products. Nothing in these terms will affect your legal rights, including under the Consumer Rights Act 2015.
11 Returning Products to us
(a) Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection). If you are exercising your right to change your mind under clause 9 you must send off the Products to us within 14 days of telling us you wish to cancel these Terms. We will let you know where to return them to.
(b) Costs of return: We will pay the costs of return:
(1) if the Products are faulty or misdescribed; or
(2) if you are ending these Terms because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
(d) Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling. 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.
(e) When your refund will be made: We will make any refunds due to you as soon as possible If you are exercising your right to change your mind under clause 9 then:
(1) if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Products back from you; or
(2) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12 Limitations on and exclusions to our liability
(a) Neither Party may benefit from the limitations and exclusions set out in this clause 12 in respect of any liability arising from its deliberate default.
(b) The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
(c) Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(1) death or personal injury caused by negligence;
(2) fraud or fraudulent misrepresentation;
(3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(4) defective products under the Consumer Protection Act 1987.
(d) Subject to clauses 12(a) (no limitation in respect of deliberate default) and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
(1) 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 liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; and
(2) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss.
(e) Subject to clauses 12(a) (no limitation in respect of deliberate default) and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
(f) We have given commitments as to the compliance of the Products with these Terms and applicable Laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
(g) Without limiting your right to cancel these Terms under clause 9, but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
13 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
14 Content you upload
(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(a) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
(b) Disputes: 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 want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Law Society of the United Kingdom via their website at https://www.lawsociety.org.uk/en. The Law Society of the United Kingdom will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
(c) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(d) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Entire agreement: Subject to your rights under the consumer law rights, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(h) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Last update: 14 February 2023
© LegalVision Law UK Ltd
ATTACHMENT 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/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),
[*] Delete as appropriate
© Crown copyright 2013.