terms & conditions
Terms & Conditions:
Please ensure you have read these terms and conditions of business which apply to all orders made with us. If you have any questions about them please speak to us. Your statutory rights are not affected by our terms and conditions.
Buying Goods from us
This part explains the terms which apply to orders placed by you on our web site.
You make an offer to purchase from us by completing the order process on the web site. Your offer to purchase does not form a binding contract until it is accepted by us. All prices displayed on our web site include VAT.
On receipt of your order, we will send you an order acknowledgement to the email address which you provide in the order process. This order acknowledgement will contain your order number and details of the goods ordered. This email is only to acknowledge that your order has been received by us and is being processed, it is not acceptance by us of any offer to purchase goods.
Order acceptance and the completion of the contract between you and us only takes place when we dispatch your goods. Any acknowledgement of your order you get before this is not confirmation or acceptance of the order because we may need to cancel the order for a number of reasons including:
- The product you ordered is unavailable from stock. This may occur if we find warehouse stock is damaged or has been mislabeled when we come to pick your order.
- We identify a pricing or product description error.
- If you do not meet any eligibility to order criteria (such as special offers only valid to certain customers etc.) we show.
Almost all orders are shipped by DHL or there associate courier in your country and so will be conveniently delivered by a local parcel service.
In the event that our couriers return goods to us as undeliverable for reasons within your control (such as no one in to take delivery) additional delivery charges may apply to cover the cost of re-delivery. If undelivered orders are subsequently cancelled, any refund will have all delivery and return charges deducted from the refund amount.
Cancellations and Returns
This part sets out the terms which govern your right to return any working goods that you do not want to keep. For returns of faulty items or items received in damaged conditions please kindly contact us at firstname.lastname@example.org. We will solve any problem with your product immediately. For further information about returning an item with our 100 days “no questions asked” return policy, please visit our returns policy section.
We usually process refunds within 7 working days from the day we begin the refund process. If you paid by credit card the amount may be refunded by crediting it to the card used for payment.
We do not ship overseas and cannot accept orders from overseas.
All product images used on our web site are only representative of goods on offer. Actual goods may vary very slightly in colour, due to being from a different batch.
Submitting images and reviews
We may occasionally offer a facility for web visitors to submit reviews and/or pictures relating to bean bags, dog beds, furniture or live style products on our web site and other promotional material. Before submitting, please note the following:
- You must not submit any material unless you are the copyright holder or have the express permission of the copyright holder to agree to these terms and conditions.
- By submitting material, you hereby grant “Smoothy” an irrevocable licence to use such material for any marketing, promotional or commercial purpose as we see fit without any payment being due to you or the copyright holder.
- Publication of any submitted material is solely at the discretion of the Smoothy staff.
- We reserve the right to edit material submitted.
By submitting comments on our products, service or web site either electronically or otherwise, you agree that we may use such comments as we see fit for promotional purposes. You may request that we remove such comments at any time and we will abide by any such request where it is reasonable to do so.
Limitation of Liability
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit:
- Our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law; or your statutory rights as a consumer.
- In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
Especially we shall have no Liability for:
loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of operation time; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
Our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) £100; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) £100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
Terms and Conditions
The invalidity or unenforceability of any provisions of these terms and conditions shall not affect the validity or enforceability of any other provision of these terms and conditions, which shall remain in full force and effect.
All Trademarks and Copyrights are recognised
If you are the copyright owner and we have failed to credit you or you are unhappy with our use of your copyright then please contact us and we will make amends immediately.
All pages on this site and their contents, including text, images, design code and HTML formatting are copyright of “Smoothy” or are used with the permission of the relevant copyright holder. All rights are reserved. Any unauthorised copying or usage is prohibited.
These Terms and Conditions shall be governed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.