TERMS & CONDITIONS OF SALE OF GOODS
This document (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products listed on our website http://www.quinny.com/gb-en/ (our website) to you. Please read these terms and conditions carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
1. Information about us
This website is operated by Dorel UK Ltd, trading as Dorel. We are registered in the United Kingdom under company number 2186663 and with our registered office at London. Our main trading address for the United Kingdom is Dorel UK Ltd., 2nd floor, Building 4, Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN, United Kingdom and our main warehouse for the United Kingdom is Unit 1, Saxham Business Park, Suffolk, Bury St Edmunds IP28 6R, United Kingdom. Our VAT number is GB 493020955.
In this document, "Dorel" or "we" means Dorel UK Ltd., trading as Dorel; "agreement" means these Terms & Conditions of Sale of Goods, together with the relevant order confirmation(s) and dispatch confirmation(s) issued by Dorel, which set forth the terms and conditions for the delivery of Products by Dorel to the Customer; "Product" or "Products" means the Quinny push chairs and/or other Quinny products as well as all related documentation to be supplied by Dorel; and "Customer" means each person not acting in the performance of a profession or a business that enters into an agreement with Dorel.
These terms and conditions are applicable to the exclusion of any general terms used by the Customer. Different terms or conditions only apply if and in so far as they have been separately accepted by Dorel expressly for each individual agreement.
4. Service availability
We do not accept orders from Customers outside the United Kingdom and the European Union.
5. Your status
By placing an order through our website, you warrant that:
- you are an individual not acting in the performance of a profession or a business; and
- you are resident in the United Kingdom or the European Union; and
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- the Products ordered by you are intended for private use only (and not for rental).
- Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the acceptance of the order (the "Order Confirmation"). The agreement between us will only be formed when we send you the Order Confirmation.
- The agreement will relate only to those Products whose purchase we have confirmed in the Order Confirmation. Dorel will not be obliged to supply any other Products which may have been part of your order until the purchase of such Products has been confirmed in a separate Order Confirmation.
- With regard to certain Products an order maximum may apply, which will be checked by Dorel on the basis of address and IP address information.
- The Incoterms valid at the time are decisive for the meaning of the transport and delivery terms used by Dorel. Unless otherwise agreed in writing, delivery is made EXW Suffolk, United Kingdom).
- We will inform you about the expected delivery date by sending you an e-mail (the "Dispatch Confirmation"). We will endeavour to fulfil your order within thirty days of the date of the expected delivery date as referred to in the Dispatch Confirmation. Time will not be of the essence.
- The Products will be delivered to the delivery address you provide when placing your order. The delivery address must be in the United Kingdom.
- In the event the ordered Product is not or no longer available, Dorel is entitled to deliver a substitute product of at least the same quality for the same price.
- Where you have ordered more than one Product these may be delivered together or separately.
- In the event that you do not take delivery of the Products Dorel may, at its discretion, store them at your cost and risk until they can be re-delivered at your cost. In such case Dorel has the choice of either claiming specific performance of the agreement or to terminate the agreement without prejudice to its rights to damages for loss suffered and the loss of profit, including storage costs.
- Products will not be dispatched and delivered until Dorel has received full payment for those Products from you. Until full payment has been received by Dorel, Dorel retains title to the Products.
8. Prices and payment
- Prices of Products and additional costs of transport, VAT and any possible other costs or levies payable by the Customer are stated in the Order Confirmation.
- The prices stated on our website are without obligation. It is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- Dorel is under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Dorel is entitled to require an adequate financial security from the Customer.
- In case of default by the Customer, Dorel is entitled to set off amounts it owes to the Customer against amounts which the Customer owes to Dorel.
- Payment for all Products must be made by means of bank transfer.
9. Risk and title
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will pass to you on delivery, subject to sub-clause 7.7 hereof.
10. Intellectual Property
You are not permitted to change or remove designations of patents, copyright notices, brands, trademarks, trade names or other intellectual property rights from any Product.
- We warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
- Not covered by any warranty are defects which occur due to or are (also) the result of normal wear and tear, not observing of instructions in the manual or other instructions from Dorel, improper or careless use, repair or other work by third parties or by the Customer without the prior written consent of Dorel.
- Any possible complaint regarding the quantity of the delivered Products needs to be recorded on the consignment note or delivery note at delivery, failing which the quantities as stated on the consignment note or delivery note shall be compelling proof against the Customer.
- Warranty claims need to be reported in writing to Dorel within seven working days of a defect occurring. In the absence of a timely complaint any claim against Dorel lapses.
- If the Products ordered by the Customer are intended for use outside the United Kingdom and the European Union, the Customer needs to satisfy itself that the Products and the accompanying packaging, manuals and the like meet all relevant regulations applicable to such in the country of destination. The use of the Products and whether such are in accordance with the regulations in force outside the United Kingdom and the European Union are for the risk of the Customer. Dorel declines any responsibility in case of use of the Products outside the United Kingdom and the European Union.
- Notwithstanding any other clause of these terms and conditions, Dorel does not exclude or reduce its liability under or in connection with any agreement to the extent that it arises in respect of any of the following matters: (i) for death or personal injury resulting from negligence proved against the Customer; (ii) for fraud or fraudulent misrepresentation; nor (iii) for any other matter for which it would be unlawful for Dorel to exclude or limit or attempt to exclude or limit its liability.
- Subject to sub-clause 11.6, Dorel shall not have any liability to the Customer (howsoever arising, including any liability in tort) under or in connection with any agreement, in each case whether direct, indirect, special and/or consequential loss or damage, for (i) any loss of profits or anticipated savings; (ii) loss of revenue; (iii) loss of or damage to reputation or goodwill; (iv) loss of opportunity; (v) wasted management or other staff time; (vi) losses or liabilities under or in relation to any other contract; or (vii) for any other indirect, special and/or consequential loss or damage.
- Subject to sub-clause 11.6, Dorel's maximum aggregate liability to you in contract, tort (including for negligence), misrepresentation and/or otherwise howsoever arising under or in connection with any agreement (including all losses, liabilities, claims, actions, demands, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto) shall be limited to the total funds paid by you to Dorel for the Products giving rise to such liability.
- You agree that you have read and understood this clause 11.
- In case of any conflict between this clause and any other clause of these terms and conditions, the provisions of this clause 11 shall prevail.
- For the avoidance of any doubt, this clause 11 shall remain in full force and effect notwithstanding the termination, repudiation or expiry of any agreement.
- This clause 11 applies subject to the statutory rights of the Customer from which deviation is not permitted.
12. Cancelling an agreement
- If you are contracting as a Consumer, subject to our returns procedure [insert link to returns procedure, which must include the withdrawal form] you may cancel an agreement at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 13 below) and the rest of this clause.
- If you wish to cancel an agreement, you must inform us in writing through [insert link to e-mail address or website contact page]. You must also return the Product(s) to us if you receive them before or after you cancel the agreement, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to return the Products to us, in the same condition in which you received them, not used and including original packaging, manuals and guarantee certificate, at your own cost and risk, we may have a right of action against you for compensation.
- Our Returns Procedure [insert link to returns procedure] applies to the return of Products by you to us.
13. Our refunds policy
- When you return a Product to us, because you have cancelled the agreement between us within the fourteen-day cooling-off period (see clause 12.1), we will process the refund due to you as soon as possible and, in any case, within fourteen days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. You will be responsible for the cost of returning the item to us.
- When you return a Product to us for any other reason, we will examine the returned Product and will notify you of any refund we believe you are entitled to via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within thirty days of the day we confirmed to you via e-mail that you were entitled to a refund.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with Dorel will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Dorel through [insert link to e-mail address or website contact page]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
- All agreements between you and us are binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge, sub-contract or otherwise dispose of an agreement, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of an agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement.
18. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement that is caused by events outside our reasonable control (a "Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) the acts, decrees, legislation, regulations or restrictions of any government; and (vii) the non-delivery or late delivery of products or services to Dorel by third parties engaged by Dorel.
- Our performance under any agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
- In the event that any Force Majeure Event continues for more than thirty consecutive days Dorel will be entitled to terminate that part of the agreement which cannot be performed by serving written notice on you.
- If we fail, at any time during the term of an agreement, to insist upon strict performance of any of your obligations under the agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
- If any of these terms and conditions or any provisions of an agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- The Customer has not entered into the agreement in reliance upon any representation, warranty or promise and no such representation or warranty or any other term is to be implied in it whether by virtue of any usage or course of dealing or otherwise except as expressly set out in it.
21. Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
- The agreement(s) between Dorel and the Customer shall be governed by and construed in accordance with the laws of England and Wales.
- All disputes arising out of or in connection with the agreement and any other agreement(s) between Dorel and the Customer shall be subject to the non-exclusive jurisdiction of the competent court for the place where the Customer has his residence or registered or actual place of business. This clause does not affect your statutory rights.
Dorel©, version 01-2019