Dropcart Terms and Conditions
1. Terms & Conditions
- All Goods are sold on these Terms & Conditions to the exclusion of all other terms and conditions of business, including any that the Purchaser may send to the Supplier, and all terms and conditions otherwise implied by law, custom or previous course of dealing to the maximum extent permitted by law.
- The individual placing an order on behalf of a Trader represents and warrants that he/she has the authority to bind the Trader.
- We reserve the right to update these Terms & Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent order you may make. We recommend that you review these Terms & Conditions before every purchase of Goods that you make.
- You may order Goods as a Consumer or as a Trader. Different provisions govern your order depending on whether you are a Consumer or a Trader.
In these Terms & Conditions, the following words have the following meanings:
- Consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
- Goods: the goods to be supplied by us;
- IP Rights: patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
- Price: the price for the Goods;
- Purchaser/you: the individual or organisation placing an order for Goods;
- Site: the website operated by the Supplier;
- Supplier/we: Dropcart Limited, a company registered in England and Wales with company number 11267110 and with a registered office at 35 Loretto Gardens, Harrow, England HA3 9LY United Kingdom;
- Trader: a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
- Working Days: any day other than a Saturday, Sunday or public holiday in England and Wales.
- All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are not available and we may offer an alternative Good of equal or higher quality and value or provide a refund for sums paid.
- You may only purchase Goods from us if you are at least 18 years old and the delivery address is in the United Kingdom. At our request, you shall provide documentary evidence of your age.
- If you are a Consumer, we warrant that Goods shall be of satisfactory quality, fit for purpose and comply with the description we have provided to you.
- Some Goods may have a manufacturer’s warranty. Any claim under such warranty should be made to the manufacturer. This does not affect the statutory rights of a Consumer.
4. Price, Delivery
- We must receive full payment of the whole of the Price for the Goods that you order, including the delivery cost before your order can be accepted. We accept payment through our payment provider, SagePay and Paypal. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide to us. Our acceptance of your order brings into existence a legally binding contract between us on these Terms & Conditions.
- If we do not receive cleared funds within one week, we will cancel your order.
- All prices listed on our website are in British Sterling (GBP) and include Value Added Tax (VAT) at the standard UK rate of 20%, unless stated otherwise.
- The Price payable for Goods and the costs of delivery are set out on the Site. We reserve the right to change the Price and costs of delivery at any time, although such changes shall not apply to any order already accepted by us.
- You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address. A signature may be required on delivery.
- If we are unable to make delivery as a result of your actions, we shall be entitled to charge a re-delivery charge to you.
- We will use all reasonable endeavours to deliver the Goods in accordance with the delivery timescale you select. We use Royal Mail, DPD, TNT and Parcel Force signed for delivery. If you do not receive the Goods within such timescale, you should notify us accordingly. If we are unable to deliver the Goods within 30 days, we shall contact you to discuss delivery of the Goods and if you wish, we shall cancel your order and refund all sums paid. You should not therefore arrange or begin any building or other works that require the Goods before you have received the Goods.
5. Consumer Purchaser Right to Cancel
- The provisions of Conditions 5.2 to 5.6 apply only to a Consumer ordering standard Goods. They do not apply to a Consumer ordering Goods made to the measurements that you have provided to us.
- 5,2 You may cancel your contract with us for the Goods ordered through the Site by contacting us by email at firstname.lastname@example.org or writing to us within 30 days from the date you receive the Goods, clearly stating the following: your name, geographical address, your phone number, email address and full details of the order you wish to cancel.
- If you do cancel your contract, you must take reasonable care of the Goods whilst they are in your possession, including by storing them in accordance with our instructions. You must return the Goods to us within 30 days of the notice to cancel, and you must return the Goods at your own cost and risk. We strongly recommend that you send the Goods back to us via a recorded post service and obtain a certificate of posting. Please also make sure you package the Goods appropriately to avoid damage.
- We will refund any sums paid for the Goods returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Goods.
- Refunds can take up to 10 working days to be processed and depending payment method a further 3-5 working days for funds to be returned back.
- 5.6 If you do not return all of the Goods that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Goods are damaged during the course of returning the Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.
- The provisions of this Condition 5 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Goods that are damaged or defective; or (b) refund to you the amount paid by you for the Goods in question. You must return the Goods to us or make the Goods available for collection in accordance with our reasonable request as soon as possible after informing us that the Goods are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Goods.
6. Trader’s Obligation to Inspect
- The provisions of Conditions 6.2 to 6.4 apply only to a Trader.
- 6.2 You must inspect the Goods on delivery and notify us of any damaged Goods or missing Goods within 5 (five) Working Days from and including the date of delivery. The Goods are deemed to be accepted if no notice is received within such time period.
- We reserve the right to inspect the Goods, or require you to provide appropriate evidence, including photographs, of any damaged Goods, before we accept returned Goods. If we are satisfied that the Goods are damaged, or that there are missing Goods, we shall arrange for a collection or request that you return the Goods to us, and at our discretion, replace the damaged or missing Goods or refund the amount paid by you for the Goods in question. From receipt of the Goods until we collect or receive the Goods as the case may be, you shall store the Goods in accordance with our instructions. SUCH REFUND OR REPLACEMENT SHALL BE DETERMINED BY US AND SHALL BE OUR SOLE LIABILITY IN RELATION TO ANY REJECTED PRODUCTS.
- 6.4 We will be under no liability or further obligation in relation to damaged or missing Goods if (a) you fail to provide notice as set out above; (b) you make any further use of the Goods following notice to us or attempt to repair the Goods; (c) the damage arises from your acts or omissions following delivery.
7. Cancellation by us
- We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Goods you have ordered; (b) we do not deliver Goods to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Goods you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the order. We will not be obliged to offer any additional compensation for disappointment suffered.
7.1. When we cannot accept a refund/cancellation
- 7.1.1 The product is in a condition that we cannot resell again.
- 7.1.2 You cannot provide proof of purchase
- 7.1.3 Accessories or free included items are not returned.
8. Use of the Site
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
- Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
- The Site is made for your own use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
- The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. We have used reasonable endeavours to prepare the content of the Site, however, any representations, warranties or conditions of any kind in relation to the Site and its content are hereby expressly excluded to the maximum extent permitted by law.
- The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
- We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
- We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Goods, Services content or features from the Site for any reason.
- We shall have no additional liability to you for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- If you are a Trader, our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the Price paid for the Goods that are the subject of the claim.
- If you are a Trader we will not be liable to you for any loss of profit, loss of business, loss of goodwill or wasted expenditure, or for any indirect or consequential loss, damage or expenses howsoever arising out of the Goods and/or the Site whether or not advised of the possibility of the same.
- If you are a Consumer, we shall not be liable for any loss that is not reasonably foreseeable as an obvious consequence of our failure to comply with these Terms & Conditions.
- If you are a Consumer, if there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device provided that you have complied with these Terms & Conditions.
- Nothing in these Terms & Conditions is intended to limit any rights or remedies that you might have as a Consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
- These Terms & Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site and the sale, delivery and return of Goods.
- If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
- Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
- If you are a Consumer, have any complaint or wish to raise a dispute please follow this link http://ec.europa.eu/odr
- We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
- These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
- All products are sold with their standard manfacturer warranty unless otherwise stated.
12. Fraud Checks
- We reserve the right to complete fraud checks to protect us and our customers, should there be an elevated risk, we may cancel your order and refund any payments made. We can instruct our courieris to return the item back to us during transit if we discover fraud.
13. Incorrect, Missing or Damaged order
- We try to take every step possible to avoid incorrect/missing items or orders getting damaged in transit which can still happen. We strongly suggest you open any orders from us as soon as they arrive and inspect any goods inside if possible.
- Should you notice any issues you must report to us with 48 hours of your order being deleivered. Please take photos of the condition of the items where possible so we can best investigate and reslove the issue.
- In some cases we may have to split order. Some orders may come from a different warehouse or direct from a supplier.