Consumer T&C

TRADE IVY LIMITED t/a ENKIN

TERMS AND CONDITIONS OF SALE (CONSUMER CUSTOMERS ONLY)

1. ABOUT US
   • 1 Company details. Trade Ivy Limited t/a Enkin (company number 10809945) (we and us) is a company registered in England and Wales and out registered office is at C/O Francis Clark LLP Melville Building East, Royal William Yard, Plymouth, Devon, United Kingdom, PL1 3RP. Our registered VAT number is 322 1644 40.
   • 2 Contacting us. To contact us, call our team on 02081 753869 or email sales@enkin.com. For postal enquiries, please address to Customer Service Department at the details listed above.
   • 3 Website. https://enkin.com
2. OUR CONTRACT WITH YOU
   • 1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). These Terms apply to consumers only (you and your) not trade customers. Goods sold under the Terms are for consumer use only, not for distribution or trade purposes.
   • 2 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
   • 3 Where to find information about our products. You can find everything you need to know about our products on our Website, in our catalogues or by speaking to our team before you order. We also confirm key information to you in writing after you place your order.
3. PLACING AN ORDER AND ITS ACCEPTANCE
   • 1 Placing your order. Please order via our Website or by accepting our quotation that has been sent to you by email (the Quotation). Each order is an offer by you to buy the goods specified in the order (the Goods) subject to these Terms.
   • 2 Correcting input errors. You will have the opportunity to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
   • 3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but 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 3.4.
   • 4 Accepting your order. Our acceptance of your order takes place when we dispatch the product and confirm dispatch to you.
   • 5 If we cannot accept your order. If we are unable to supply you the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged to date, as soon as possible, and in any case within 30 days.
   • 6 Your right to make a change to your order. If you wish to make a change to the Goods you have ordered, please contact us using the details provided at clause 1.2. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change to your order or the consequences of making the change are unacceptable to you, you may wish to cancel your order and receive a refund in accordance with clause 7.
4. OUR GOODS
   • 1 The images of the Goods 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 reflects the colour of the Goods. The colour of your Goods may vary slightly from those images. The packaging of your Goods may also vary from that shown on images on our site.
   • 2 We reserve the right to amend the specification of the Goods. If required by any applicable statutory or regulatory requirement, we reserve the right to amend the specification of the Goods
   • 3 You’re responsible for making sure that the Goods are suitable for your intended purpose. This includes if we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct.
   • 4 Our Goods are intended for use in the UK only. We cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. Unless otherwise stated on our Website, or confirmed by us, Goods are intended for use in the UK only. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with them, including requiring professional fitting.
5. PROVIDING THE PRODUCTS
   • 1 Delivery methods and costs. The delivery methods and costs will be as displayed on our Website or stated in the Quotation as accepted by you. We will not provide any unpacking, installation, fitting or waste removal services upon delivery.
   • 2 Delivery timescale. Delivery of the Goods shall take place at the address you provided when placing your order, within the timescale specified by us or your selected delivery provider.
   • 3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but 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.
   • 4 If you are not available when the product is delivered. Unless we agree otherwise, all products will be delivered depending on the delivery method selected by you when making your order. A signature may be required. If no one is available at the delivery address to take delivery and, where signature is not required, the product cannot be posted through your letterbox, you must contact the delivery provider to arrange for the redelivery or collection of your product from them. If delivery failed as a result of circumstances within your reasonable control, the cost of re-delivery shall be borne by you. If you have any queries regarding delivery, please contact our customer service team.
   • 5 If you do not re-arrange delivery. If you do not have the products redelivered to you in accordance with clause 5.4 then your products may be destroyed or returned to us by the delivery provider. Under no circumstances is a refund available where the products have not been collected or cannot be delivered.
   • 6 When you become responsible for the Goods. The Goods will be your responsibility from the time it is delivered to the address you gave us.
   • 7 When you own the Goods. You own the Goods once we have received payment in full.
   • 8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
     • 8.1 deal with technical problems or make minor technical changes;
     • 8.2 update the product to reflect changes in relevant laws and regulatory requirements;
     • 8.3 make changes to the product as requested by you or notified by us to you (see clause 3.6); or
     • 8.4 we have not received payment in full for the Goods.
   • 9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 20 business days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6. PRICE AND PAYMENT
   • 1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 6.4 for what happens if we discover an error in the price of the product you order.
   • 2 Promotion or discount codes. Where we offer promotional discount codes, you must quote the relevant discount code when making your order. This will reduce the price of the product accordingly at the checkout.
   • 3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
   • 4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We are continually checking our website pricing. If, as a result of these checks, we identify a pricing error in your order, we will contact you. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
   • 5 When you must pay and how you must pay. We charge you when you make your order. Order will only be processed once payment has been made in full. We accept payment with the credit and debit cards listed on our website.
7. YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND
   • 1 Your legal right to change your mind. For most of our products have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
   • 2 When you can't change your mind. You can't change your mind about an order for Goods:
     • 2.1 that are made to your specifications or are clearly personalised; and
     • 2.2 which become mixed inseparably with other items after their delivery.
   • 3 The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 28 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
   • 4 How to let us know. To let us know you want to change your mind, request a return via our returns page on the Website. Once the request is approved you will need to download and print out the returns packing slip, which must be included with the Goods being returned. Please package the item securely and include inside the package your order number, name and address and the returns packing slip. Your return may not be accepted if the packing slip is not included.
   • 5 You have to return the product at your own cost. You have to return your product to us without undue delay and in any event within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless you are returning a product because it is faulty. Returns should be posted to: Trade Ivy Limited, Unit 3C Latham Park, St Blazey Road Par Cornwall PL24 2HY. Unfortunately, we cannot be held responsible for Goods damaged or lost in return shipment. Therefore, we recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods.
   • 6 We only refund delivery costs on damaged or faulty items. We also don't refund any extra you have paid for express delivery or delivery at a particular time.
   • 7 We reduce your refund if you have used or damaged a product. If you handle the product in a way which we deem unacceptable, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the product's condition is not "as new", the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. We can advise you on whether we're likely to reduce your refund. Please contact us on the details provided at clause 1.2.
   • 8 When and how we refund you. If you tell us you've changed your mind about a product that hasn't been delivered or one that we're collecting from you, we refund you as soon as possible, usually within 7 days and at the latest within 30 days. If you're sending your product back to us, we will usually refund you within 7 days of receiving it and at the latest within 30 days. We refund you by the method you used for payment. We don't charge a fee for the refund.
8. MANUFACTURER WARRANTIES & GUARANTEES
   • 1 Some goods are sold with a manufacturer's warranty, guarantee or similar assurance. Details are provided on the relevant product description on our Website. Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
   • 2 Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase, as detailed on our Website.
9. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

If you think there is something wrong with your product, you must contact us using the details provided at clause 1.2. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.

10. SUMMARY OF YOUR KEY LEGAL RIGHTS
    • 1 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
      • 1.1 Up to 30 days: if your goods are faulty, then you can get a refund.
      • 1.2 Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
      • 1.3 Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

11. OUR RIGHTS TO MAKE CHANGES
    • 1 Minor changes to the products. We may change the product:
      • 1.1 to reflect changes in relevant laws and regulatory requirements; and
      • 1.2 to implement minor technical adjustments and improvements that will not affect your use of the product.
    • 2 More significant changes to the products and these terms. In addition. We may make changes to these terms or the product, but if we do so we will notify you. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
12. WE CAN WITHDRAW PRODUCTS

We can stop providing a product. We will let you know as soon as possible, and we will refund any sums you've paid in advance for products which won't be provided.

13. WE CAN END OUR CONTRACT WITH YOU
    • 1 We can end our contract with you for a product and claim any compensation due to us if:
      • 1.1 you don't make any payment to us when it's due;
      • 1.2 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
      • 1.3 you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

14. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS
    • 1 We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
      • 1.1 Unexpected. 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).
      • 1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 5.3.
      • 1.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
      • 1.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

15. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY POLICY

How we use any personal data you give us is set out in our Privacy Policy: https://enkin.com/privacy

16. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
    • 1 Our complaints policy. We will do our best to resolve any problems you have with us or our products. Please contact us using the details at clause 1.2 to discuss your complaint.
    • 2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to CEDR through their website at https://www.cedr.com/. If you're not satisfied with the outcome, you can still go to court.
    • 3 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.
17. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
    • 1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
    • 2 You can only transfer your contract with us to someone else if we agree to this. You should contact us if you wish to do this. We can require the new owner to prove you transferred the product to them.
    • 3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
    • 4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
    • 5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
    • 6 Disposal of Electrical and Electronic Equipment. The Waste Electrical and Electronic Equipment regulations ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.