Friends At Rest - Supplier E-Commerce Terms and Conditions
This page tells you the terms and conditions on which third party suppliers ("Suppliers") sell any of their goods ("Goods") or services ("Services") (collectively the "Products") listed on our website ("Site") to you.
Please read these terms and conditions carefully before ordering any Products from Suppliers on our Site. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions.
IMPORTANT: We accept an order as agent for the Supplier but we are not a party to the transaction between you and the Supplier for the sale of its Products. Every care has been taken to ensure that all Product information is correct but we do not make any warranty about Products or their delivery. Any claim that you may have in respect of the sale of any Product should be addressed to the relevant Supplier.
INFORMATION ABOUT US
This Site is operated by FriendsAtRest.com ("We") and our administration staff can be contacted via the website support page.
INFORMATION ABOUT THE SUPPLIER
The Supplier of each Product will be named on the relevant product information page where applicable.
WHERE THE SUPPLIER DELIVERS
Unless otherwise stated, delivery will only be made to addresses in the United Kingdom mainland.
By placing an order through the Site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE SUPPLIER
After placing an order, you will receive an order acknowledgment e-mail from us or our payment processor confirming that we have received your order and payment ("Order Acknowledgment Email"). Please note that this does not mean that your order has been accepted by the relevant Supplier. The contract between you and the Supplier ("Contract") will only be formed when the Supplier dispatches the Goods or starts to provide the Services to you.
You may cancel a Contract for Goods at any time up to seven working days after the day you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods.
You may cancel a Contract for Services at any time before such Services start. In this case, you will receive a full refund of the price paid for the Services.
To cancel a Contract, you must inform the Supplier in writing. In the case of Goods, you must also return the Goods to the Supplier immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of any Goods while they are in your possession. If you fail to comply with this obligation, the Supplier may have a right of action against you for compensation.
You will not have any right to cancel a Contract where the Product:
is audio or video recordings or software and you have taken it out of the sealed packet in which it was delivered to you;
has been made or customized specifically for you; or
is by its nature of limited lifespan, such as flowers and fresh food.
All Suppliers will deliver within 30 days unless clearly stated otherwise in the Product information. If for any reason the Supplier is unable to supply a particular Product, the Supplier will contact you as soon as possible.
If you are ordering more than one Product, you should be aware that Products may be delivered separately.
RISK AND TITLE
Goods will be at your risk from the time of delivery.
Ownership of Goods will only pass to you when we receive full payment of all sums due in respect of such Goods, including any delivery charges.
PRICE AND DELIVERY CHARGES
The price of any Product will be as quoted on our Site from time to time, except in cases of obvious error. Prices include VAT and delivery costs.
It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. The Supplier is under no obligation to provide any Product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
If you have cancelled the Contract (see CANCELLATIONS above) then you will be refunded the price of the Product in full, including the delivering costs. Please note that you are responsible for the cost of returning any Goods to the Supplier.
If there is a fault with any Goods within 12 months of delivery, the Supplier will normally offer a prompt repair, exchange or refund. In all cases, the Supplier reserves the right to inspect the Goods and verify the fault. Any refund due to a fault will include a refund of the delivery costs paid by you. The Supplier will also pay the costs of collecting faulty Goods.
Any refund will be made within 30 days and usually by the same method originally used by you to pay for your purchase.
The Supplier's liability (and our liability to the extent that we may be found liable to you) for losses you suffer as a result of breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way the Supplier's or our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for the Supplier or us to exclude, or attempt to exclude, liability.
Neither we or the Supplier are responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
LAW AND JURISDICTION
Contracts for the purchase of Products through our Site will be governed by Scottish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Scotland.