Terms & Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time..
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
1.1 We operate the website www.matalan.co.uk. We are Matalan Retail Limited, a company registered in England and Wales under company number 02103564 and with our registered office at Gillibrands Road, Skelmersdale, West Lancashire WN8 9TB. Our VAT number is 534588616. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.2 Contacting us: (a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to print off and complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0333 0044444, by fax on 01695 591077 or by post to: Matalan Customer Services, Gillibrands Road, Skelmersdale, West Lancashire WN8 9TB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0333 0044444 or by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2 OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3 USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4 HOW WE USE YOUR PERSONAL INFORMATION
5 AGE RESITRICTIONS
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
5.2 Certain Products on our site can only be purchased if you satisfy the legal age requirement of 18 for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. Any items marked as 'Age Restricted Item. Please refer to Terms & Conditions*' are not for sale to people under the age of 18. By placing an order for these products, you declare that you are 18 years of age or older. These items must be used responsibly and appropriately.
6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 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 page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.3, we will inform you of this by e-mail and we will not process that part of your order which deals with the Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible, in the case of an Order with multiple Products we will refund only that element of the order which relates to the price of the Product and we will not refund the delivery costs. Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for anything we do not send to you.
7 OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 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 Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8 YOUR RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, for reasons of health, hygiene, safety and copyright, this cancellation right does not apply in the case of: (a) Pierced earrings, cosmetics, fragrances, hats, hair accessories, quilts, duvets, pillows, DVD’s (in original packaging with any security seals still intact), confectionery, underwear (unless the hygiene strips and tags are still in place), control wear, hosiery and swimwear (unless the hygiene strips and tags are still in place).
(b) sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them. (c) any Products which become mixed inseparably with other items after their delivery.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your contract is for a single product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the goods. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the goods on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your contract is for either of the following: one product which is delivered in instalments on separate days. Multiple products which are delivered on separate days.||The end date is 14 days after the day on which you receive the last instalment of the goods or the last of the separate goods ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your goods or the first of your separate goods on 10 January and the last instalment or last separate goods on 15 January you may cancel in respect of all instalments and any or all of the separate goods at any time between 1 January and the end of the day on 29 January.|
|Your contract is for the regular delivery of a product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the goods. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of goods to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all goods to arrive during the year.|
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to print off and complete the cancellation form on our website and then send this form to us by email, fax or post. You can also e-mail us at Customer Services at email@example.com or contact our Customer Services team by telephone on 0333 0044444 or by post to Matalan Customer Services, Gillibrands Road, Skelmersdale, West Lancashire WN8 9TB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
8.5 If you cancel your Contract we will: (a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay, but in the event of a partial refund we reserve the right to issue a cheque to you. If the card you used to pay with expires before the refund is made please call us to give us your new card details.
8.8 If a Product has been delivered to you before you decide to cancel your Contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or return it to us in-store. Please note that we do not offer an exchange service by post. Please see our Returns page headed Returns by Post for our returns address and how to arrange a return;
(b) unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection from our usual carrier.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, where possible our couriers will leave the parcel in a safe place or with a neighbour, if neither of these options are available our courier will leave a card explaining what the next step is in the delivery process.
9.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
9.7 If you do choose to cancel your order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9.8 For all Delivery Options: Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items. You will not be charged for anything we do not send to you. Our deliveries are made by Hermes and DPD. Hermes deliveries operate between the hours of 8am and 8pm, Monday to Saturday. DPD operate and deliver to our stores between 8am-6pm, Monday to Friday.
If you aren’t in when we call to deliver we won’t always need a signature, we can leave it with a neighbour or in a safe place for you.
Whilst we are able to deliver to your work address, remember that these orders may take slightly longer to get to you. But be sure we'll do everything we can to get it there as soon as possible.
10 NO INTERNATIONAL DELIVERY
Unfortunately, we do not deliver to addresses outside the UK.
11 PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product 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. Please note that 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 Products to you at the incorrect (lower) price.
12 HOW TO PAY
12.1 You can only pay for Products using a debit card, credit card or Paypal. We accept the following cards: Visa, Visa Debit, Visa Electron, Visa Purchasing, MasterCard, MasterCard Debit and Maestro.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. If you pay by Paypal we will deduct the funds immediately.
13 MANUFACTURER GUARANTEES
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
13.2 A manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14 OUR LIABILITY
14.1 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 these Terms or our negligence. 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 this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15 EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, 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, extreme weather conditions, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16 OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any guarantee offered with the Product, if there is one, as provided for in clause 13.1, to the recipient of the gift without needing to ask our consent.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, if there is one, at as provided for in clause 13.1, but we and you will not need their consent to cancel or make any changes to these Terms. 16.4 Each of the paragraphs 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.
16.5 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.
16.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you have a complaint, our complaints handling policy is that your complaint is picked up within 24 hours of it being lodged with us and investigated at the appropriate level within our organisation. We offer no guarantees whatsoever in relation to how long it will take to resolve your complaint.
16.8 We act on behalf of DCK Concessions Limited and we sell their jewellery goods online via our website on their behalf. Their registered office is at DCK House, Station Court, Radford Way, Billerica CM12 0DZ.