Conditions Applicable To Online Sales To Consumers
These terms and conditions apply to purchases made by consumers (i.e. by individuals not in the course of a business) from www.avalla.com (our “Website”). By placing an order you agree to be bound by the terms and conditions set out below.
Please read these terms carefully before placing your order. Paragraph 9 below is particularly important because it sets out our responsibility to you for loss or damage you may suffer.
- We are Avalla Limited (company number 13477899) (the “Seller’, “we” or “our”) and our registered office address is Unit A, 73 Common Road, Chandlers Ford, Eastleigh, Hampshire, United Kingdom, SO531HE.
- If you have any questions relating to these terms and conditions or our Website then please contact our Customer Service Team by emailing firstname.lastname@example.org.
- Where these terms and conditions ask you to contact us, you can do so by post or by email to the address above. When we use the words “writing” or “written” in these terms, this includes email.
We make every reasonable effort to ensure that goods on the Website are in stock and available for despatch with regular live stock checks, but a high proportion of the stock we sell is live and therefore we can at times have unforeseen changes. We will always endeavour to contact you if an item you’ve ordered becomes out of stock to let you know when it is likely to come into stock.
We will make every reasonable effort to ensure that all details, images, descriptions and prices of products appearing on our Website are correct at the time when the relevant information was entered onto the system. However, we reserve the right to make corrections if we discover errors or they are brought to our attention. We will notify you if any significant changes affect your order. Please note that images of our products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products.
Our contract with you - Orders for Goods
- When you place an order for goods, your order is an offer to buy those products from us. When your order has been placed and paid for on the Website, you will receive an email confirming what you have ordered, how much you have paid and where you have asked for it to be delivered. That email does not confirm our acceptance of your offer to buy the product(s) you have ordered. Please check the details, especially that the delivery address, postcode, mobile number and email you provided are correct. You should notify us immediately at email@example.com if you need to make any changes and we will let you know if those changes are possible.
- Your order is only accepted by us, and the contract of sale only comes into effect, when we send an e-mail notification to you that we have dispatched your order. If your order is split into more than one package, each dispatch notification e-mail and corresponding package will come under a separate contract of sale.
- The goods will be your responsibility from the time we deliver the product to the address you gave us. You own the goods once we have received payment in full, including all applicable delivery charges.
- The price of the Goods does not include delivery charges however most of our items have free delivery. Any applicable delivery charges will be advised to you during the check-out process, before you confirm your order.
- We will deliver the goods to you as soon as reasonably possible. We always aim to deliver within the quoted time frame but delivery times are not guaranteed. We are not responsible for delays outside our control. If delivery is delayed due to any cause beyond our reasonable control, our courier will make reasonable efforts to inform you and you will be provided with a tracking number via email so that you can check the progress of your order and contact the courier if required. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- We will always aim to combine your order into a single delivery, but on occasion some deliveries may not arrive together, depending on the type of products ordered and the most appropriate delivery methods available. How to expect your delivery to arrive will be communicated to you with your order communications.
- We can deliver to all UK mainland addresses. We can also deliver to the following, but an exceptional item surcharge may be applied at checkout: Northern Ireland, Scilly islands, Jersey, Guernsey, Isle of Wight, Isle of Man, Scottish Highland and Islands and the EU.
- We will deliver your consignment to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the consignment left if you are out when we deliver. We cannot accept any liability for any loss or damage once the consignment has been delivered in accordance with your delivery instructions.
Refunds, Cancellations and Returns
- We are under a legal duty to supply products that conform with this contract. We hope that you are happy with your purchase from us but should you wish to return an item or cancel your order then please read the below sections for more information on your rights. If you have any questions then please contact us at firstname.lastname@example.org.
- If you have bought goods from us, then the goods we supply must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you have the following legal rights:
- For up to 30 days from when you receive the goods: if your goods are faulty, then you can get a full refund
- Up to six months: if your goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. This will depend on the type of goods.
- We may ask you to return the defective goods to us and this will usually be the case if they need repair. If so, we may offer you a pre-paid returns label or collection depending on the circumstances. For larger items, depending on the circumstances, we may make arrangements with you to inspect and repair the goods at their current location or for us to collect the goods from you
- If we supply you with repaired or replacement goods then we will pay for the cost of delivering them to you.
- If we send you incorrect goods then you must tell us within a reasonable amount of time of you noticing the error. If you have received the wrong goods then we will ask you to return the goods to us and we will either send you the correct goods or refund the price of the missing goods. We will provide you with a returns postage label so that you can return the incorrect goods to us. If you have received too few goods then we will send you the remaining goods or we will refund you the difference between what you paid for and what you actually received.
- If you have bought goods from us and you wish to cancel your order, please contact us as soon as possible. If an order is cancelled before it is despatched, we will refund you in full. If your order has already been despatched then you can still cancel but you must return the goods to us at your own cost. You will be responsible for any return postage. Please note the following:
- You may cancel within 14 days of receiving the goods. You do not need to give a reason for cancelling although we welcome your feedback. Where goods are split into several deliveries you have until 14 days after the day you receive the last delivery to change your mind about the goods.
- You must inform us of your decision to cancel this contract by contacting us. You can do this by email to email@example.com.
- You may inspect your purchases before returning them. This allows you to check whether they are suitable. However, we may deduct a reasonable amount from your refund for damage or wear and tear to the returned products.
- We will not pay the costs of returning an item to us unless it is faulty (in which case please see the section above titled ‘Your rights if the goods are defective’). You must take reasonable care in packaging and returning the cancelled goods otherwise we may deduct the value of any damage from your refund.
- If you ordered the goods using an enhanced delivery service (such as next day delivery) then we will only refund you our standard delivery rate.
- If you are entitled to a refund for goods you have bought from us then we will make payment to the same payment method you used for your purchase
- You may, but do not need to, use the following cancellation form to cancel your order. The information can be sent to us by email at firstname.lastname@example.org. Please check the above sections to ensure you are able to cancel your order.
(Complete and return this form only if you wish to withdraw from the contract)
To Avalla Limited, Unit A, 73 Common Road, Chandlers Ford, Eastleigh, Hampshire, United Kingdom, SO531HE email: email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Your Personal Data
- for full details of how we process your data.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under the contract between us to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in the previous paragraph in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.