Customer Terms & Conditions (Consumer)

Abbott Lyon Limited

Customer Terms & Conditions

 

1.     Where to find information about us and our products

1.1.  These terms and conditions (“Conditions”) apply only to consumers (being individuals acting for purposes wholly or mainly outside their trade, business, craft or profession).

1.2.  You can find key information about Abbott Lyon Limited (“Abbott Lyon”, “we”, “us”, “our”) and our products before placing an order via our website. We will also confirm key information in writing after you place an order, either by email or through your online account.

1.3.  By purchasing products via our website, you agree to be bound by these Conditions.

1.4.  There are other terms which may apply to you, including but not limited to:

(a)      Privacy Policy;

(b)      Website Terms and Conditions;

(c)      Promotions Terms and Conditions;

(d)     Returns Policy; and

(e)      Warranty.

 

2.     Terms of purchase

2.1.  When you purchase products from us, you agree that:

(a)  We only accept orders when we confirm acceptance

Once payment has been received, Abbott Lyon will confirm receipt and acceptance of your order by sending an email to the email address provided in your registration form. This confirmation email will include your name, order number, and the total price.

(b)We may reject orders in certain circumstances

This includes where a product is unexpectedly out of stock, where delivery to your location is not available, or where an error or inaccuracy is identified in the pricing or description of the goods as displayed on our website or in our marketing materials. If this occurs, we will notify you as soon as possible and refund any sums you have paid in full.

(c) We will charge your payment method when you place your order. In some cases, we may only take payment at the time we accept your order.

(d)  A product will be your responsibility from the time we deliver it to the address you gave us or you collect it from us.

(e) We may pass on certain changes in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

(f)Products may vary slightly from their images

The images of products on our website are for illustrative purposes only. The actual product may vary slightly in colour, appearance or packaging depending on your device or minor variations in production. Where applicable, measurements, weights and dimensions may vary slightly.

(g) You are responsible for ensuring any measurements you provide are accurate

If we supply goods based on measurements you provide, you are responsible for ensuring those measurements are accurate.

2.2       Delivery and risk:

(a)Where we deliver and timescales:

We will deliver the products to the delivery address you provide at checkout. We will show you the estimated delivery date or delivery window for your order before you pay and confirm it in your order confirmation. We will use all reasonable efforts to deliver within that period. The delivery date or window shown to you at checkout including any longer production lead time for personalised or made-to-order (custom) items is the delivery period we have agreed with you for your order.

(b) Personalised and made-to-order items.

Personalised and made-to-order (custom) items are produced specifically for you and require additional production time. The applicable lead time will be shown before payment is taken at checkout and confirmed in your order confirmation, and that lead time forms part of the delivery period we have agreed with you for those items.

 (c) We are not responsible for delays outside our control

If our supply of the Products is delayed by events outside our control (for example, delays in transport or supply chains), we will contact you as soon as possible to let you know and will take reasonable steps to minimise the delay. We will not be liable for such delays to the extent they are caused by events outside our control. This does not affect your right to end the contract set out below, or your statutory rights.

If we fail to deliver the Products within the agreed period (or within thirty (30) days where no delivery period applies), and either you told us before you ordered that delivery by a particular date was essential, or it is clear from the circumstances that delivery by a particular date was essential, you may end the contract immediately and we will refund any sums you have paid for Products not delivered. In any other case, you may give us a further reasonable period to deliver and, if we do not deliver within that reasonable period, you may then end the contract for the affected Products and receive a refund for them. Nothing in this clause affects your statutory rights.

(d) When delivery is complete and when risk passes.

Risk of loss of or damage to the products passes to you when the products come into the physical possession of you, or of a person you have identified to us to receive them (including under clause (f)). We may rely on our carrier's delivery record including date and time, GPS location data, a photograph of the delivered parcel and/or a signature as evidence that delivery has been completed.

(e) Your delivery details.

It is your responsibility to provide a complete and accurate delivery address and to ensure the products can be received there. We are not responsible for a failed or misdirected delivery, or any resulting loss, caused by an incorrect or incomplete address you have given us.

(f) Safe place and nominated recipients.

If you expressly ask us or our carrier to leave your parcel in a nominated safe place, or to deliver it to a named neighbour or other alternative recipient, delivery is complete and risk passes to you when the parcel is left or handed over in accordance with that instruction. We remain responsible where the instruction was not followed or the delivery was not carried out with reasonable care and skill. A nominated safe place must be accessible from outside your property, must not require entry into your home or premises, and must not compromise the safety of the driver. We or our carrier may decline an unsuitable instruction and instead attempt redelivery or follow the standard delivery procedure.

2.3 If you purchase online, you have a legal right to change your mind (subject to certain conditions):

(a.) If you purchase products online, you have a legal right to change your mind within fourteen (14) days of receiving your goods and receive a refund. How to let us know: to exercise your right to cancel, you must notify us within the fourteen (14) day period by contacting our Customer Service team. Your notice should include your order number (where available) and a clear statement that you wish to cancel your order.

In addition to your legal right to change your mind under clause 2.3(a), we offer an extended goodwill returns policy: you may return non-personalised, ready-to-ship stock products within twelve (12) months of delivery, subject to the conditions set out in our Returns Policy. This is offered in addition to, and does not affect, your statutory rights. It does not apply to products that are made to your specifications or are clearly personalised (for example, engraved, printed, embroidered or flocked), even where based on a stock product those are covered by clause 2.3(b).

(b)The legal right to change your mind does not apply to: (i) products made to your specifications or clearly personalised, including products engraved, printed or otherwise produced using a name, message, photograph, handwriting, fingerprint or other content supplied or selected by you; (ii) sealed products that are not suitable for return for health protection or hygiene reasons after you unseal them; or (iii) products that become inseparably mixed with other items after delivery. Earrings are excluded under paragraph (ii) only where they were supplied with an appropriate hygiene seal and that seal has been broken after delivery. A standard gift box, gift card or gift wrapping is not excluded merely because it accompanies another product, although a separately personalised message, card or package may be excluded where it was made to your specifications

(c)You have to return your product to us within fourteen (14) days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. You can send the product back to us using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time, we may be unable to process your refund until we receive the goods or evidence that you have sent them. For help with returns, including our collection arrangements for products which cannot be posted, please contact our Customer Service Team on the website.

(d) Where you change your mind under clause 2.3, we refund the price you paid for the products together with the cost of our standard delivery. If you chose and paid for an enhanced delivery option (for example, express or named-day delivery), we refund up to the cost of our least expensive standard delivery method and do not refund the additional amount paid for the enhanced option. This does not apply where the products are faulty or not as described, or where we have cancelled or failed to deliver your order; in those cases, we refund all sums you have paid, including delivery charges, in full.

(e)We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.

(f) When and how we refund you. If you tell us you have changed your mind about a product that has not yet been dispatched or one that we are collecting from you, we will refund you as soon as possible and, in any event, within fourteen (14) days. If you're sending your product back to us, we refund you within fourteen (14) days of us receiving the goods back or (if earlier) receiving evidence that you have sent them back. We will refund you by the method you used for payment. We do not charge a fee for the refund.

(g) The right to change your mind under this clause 2.3, and our extended goodwill returns policy, may be exercised only by the purchaser who placed the order. We are not able to accept a cancellation or return request, or issue a refund, to anyone other than the purchaser. Any refund will be made to the purchaser using the original payment method.

2.4 Changing or cancelling an order:

(a) We process orders quickly, so once you have placed an order, we cannot guarantee that we will be able to change or cancel it. This does not affect your right to change your mind under clause 2.3, where it applies.

(b) Stock (ready-to-ship) products: If you wish to change or cancel an order for a non-personalised, ready-to-ship product, please contact us as soon as possible via our Contact Us page (via live chat or email). If the order has not yet been processed for dispatch, we will try to cancel it so that you can place a new order, but we cannot guarantee this. If it is too late to cancel, you may return the product, or refuse delivery of the parcel so that it is returned to us, and we will refund you in accordance with clause 2.3.

(c) Products made to your specifications or clearly personalised: The legal right to change your mind does not apply to these products. We may agree to a change or cancellation before production begins, but we are not required to do so. A product is not excluded merely because it is made after an order is placed; it must be made to your specifications or clearly personalised. This does not affect your rights if the product is faulty, not as described or otherwise does not conform to the contract.

2.5 You have legal rights if there is something wrong with your product:

(a) We are legally required to provide goods that are:

●      as described;

●      fit for purpose; and

●      of satisfactory quality.

(b) If your product is faulty or not as described, your rights under the Consumer Rights Act 2015 include:

(i)             within thirty (30) days: the right to reject and receive a full refund;

(ii)            within six (6) months: the right to repair or replacement, or a refund if this is not possible; and

(iii)           up to six (6) years: possible entitlement to a partial refund if the product does not last a reasonable time.

(c)If you believe there is a fault, you should contact our Customer Service team as soon as possible.

(d) These statutory rights are in addition to, and are not affected by, any warranty we provide. We offer a warranty on our products, which sits alongside your legal rights and does not replace or reduce them. Details of what the warranty covers, the warranty period for each product type, and how to make a warranty claim are set out in our Warranty page here.

(e) Our contract for the products is with the purchaser. Where you tell us at the time of purchase that the products are a gift, we may deal with the gift recipient in handling a faulty-product claim, but we are not obliged to. Any refund will be made to the purchaser, using the original payment method, and we are not able to refund a person other than the purchaser. Repairs or replacements may, at our discretion, be arranged with the gift recipient.

(f) The statutory rights set out in this clause 2.5 arise under our contract with the purchaser and are personal to the purchaser. They do not transfer to any person to whom the product is subsequently sold, transferred or given (other than where the product was bought as a gift, as set out in clause 2.5(e)). A subsequent owner's rights, if any, are against the person who sold or transferred the product to them.

 

2.6  We may change products and these Conditions from time to time

 

(a)   We can always change a product to:

                                       i.     reflect changes in applicable law or regulation;

                                      ii.     make minor technical or design improvements; or

                                     iii.     improve functionality or performance.

                                    iv.     If we suspend supply, we will inform you in advance where possible.

                                      v.     If the suspension is prolonged, you may contact us to cancel your order and receive a refund for any goods not supplied.

(b)  We may suspend or withdraw products

We may discontinue or withdraw any product at any time. If we do so after you have placed an order, we will notify you and refund any amount paid for products not supplied.

(c)   We may end the contract in certain circumstances

(i)          We may terminate the contract if:

a.         you fail to provide information required for delivery;

b.         you fail to accept delivery within a reasonable time; or

c.         you breach these terms (including misuse of promotions or services).

(ii)        If we end the contract, we may cancel any outstanding orders and refund any sums paid for products not yet supplied.

(d)  our liability to you is limited as set out in these Conditions

(i)          Nothing in these terms limits your statutory rights.

(ii)        Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.

(iii)       We do not compensate you for all losses caused by us or our products. We shall not be liable for losses where they are:

a.         unexpected, meaning it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); or

b.         caused by a delaying event outside our control. As long as we have taken reasonable steps to fulfil your order, we shall not be responsible for delays outside of our control; or

c.         avoidable, meaning that the losses were something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

(e)        We use your personal data in accordance with our Privacy Policy

Our Privacy Policy is available here: Privacy Policy.

(f)         You have options for resolving disputes with us

(i)          If you are unhappy with our products or services, please contact our Customer Service team and we will do our best to resolve the issue.

(ii)        We are not obliged to use alternative dispute resolution and do not currently subscribe to an ADR scheme.

(iii)       You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

(g)        Additional terms may apply in certain circumstances

(i)          This includes but is not limited to those set out in clause 1.4.

(ii)        We may transfer our rights and obligations under this contract to another organisation, provided this does not affect your rights.

(iii)       You may only transfer your rights to another person with our consent.

(iv)       This contract is between you and Abbott Lyon only; no third party has any rights to enforce it.

(v)        If any part of these terms is found to be invalid, the remainder will continue to apply.

(vi)       Any delay in enforcing our rights does not prevent us from doing so later.